Madras High Court
Thangavel vs The District Collector on 22 September, 2022
W.A.No.2182 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2022
CORAM
THE HONOURABLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2182 of 2022
Thangavel .. Appellant
Versus
1.The District Collector,
Dharmapuri District,
Dharmapuri.
2.The Revenue Divisional Officer,
Dharmapuri District,
Harur.
3.The Sub-Registrar,
Office of Registration,
Kadathur, Dharmapuri District.
4.The Tahsildar,
Pappireddipatti Taluk,
Dharmapuri District.
5.The Inspector of Police,
Morappur Police Station,
Dharmapuri District.
6.Vadivel
7.Kamaraj
8.Nataraj
9.Selvam .. Respondents
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1/5
W.A.No.2182 of 2022
Prayer: Writ Appeal has been filed under Clause 15 of Letters Patent against the order
passed by the learned Single Judge in W.P.No.12484 of 2022, dated 13.06.2022.
For Appellant : Mr.C.Prabakaran
For R1 to R5 : Mr.P.Muthukumar
State Government Pleader
ORDER
(Judgment of the Court was delivered by The Hon'ble Acting Chief Justice)
This writ appeal has been filed against impugned order passed by the learned
Single Judge in W.P.No.12484 of 2022, dated 13.06.2022.
2. Heard Mr.C.Prabakaran, learned counsel for the appellant, and
Mr.P.Muthukumar, learned State Government Pleader, who accepts notice for the
respondents 1 to 5.
3. It is the case of the writ petitioner that the property comprised in S.No.31/1
having an extent of 0.61.0 Hectares in Patta No.81 situated at Singhirihalli Village,
Ranimookanoor Post, Pappireddipatti Taluk, Dharmapuri District, originally belongs to
one Daekkan. In the year 1981, the writ petitioner's mother purchased the said property
and since then, the writ petitioner has been in peaceful possession and doing agriculture
for the past 40 years. Whileso, when the private respondents tried to disturb the peaceful
possession of the land in question, a civil suit in O.S.No.53 of 2020 was filed by the writ
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W.A.No.2182 of 2022
petitioner against one Mani and the respondents 6 and 7 seeking for permanent injunction
and not to disturb the possession and enjoyment of the property. When the said suit is
pending before the District Munsif Court, Pappireddipatti, the second respondent has
passed the order dated 18.04.2022 directing the private parties to take possession of the
subject property. Aggrieved thereby, the writ petitioner has filed W.P.No.12484 of 2022
seeking to quash the same. Learned Single Judge, after hearing the parties, disposed of the
said writ petition directing the parties to work out their remedy in the pending suit.
4. Learned counsel for the appellant would submit that in respect of the property in
question, the suit filed by the writ petitioner is pending and therefore, the impugned order
passed by the Revenue Divisional Officer, Harur, Dharmapuri District, cannot preclude
him from entering into the property in question.
5. We do not find any merit in the above said submission for the reasons that firstly,
the suit filed by the writ petitioner in O.S.No.53 of 2020 on the file of District Munsif
Court, Pappireddipatti, seeking for permanent injunction and not to disturb the possession
and enjoyment of the property in question is still pending and therefore, he has to work
out his remedy only in the pending suit. Secondly, in the impugned order dated
18.04.2022, it is observed that when the enquiry was held, the writ petitioner was not even
able produce a single document to depict that the property in question belongs to him.
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W.A.No.2182 of 2022
Therefore, we do not find any error or illegality in the impugned order passed by the
learned Single Judge directing the parties to work out their remedy in the pending suit.
6. Accordingly, for the reasons stated above, the writ appeal is dismissed. Needless
to mention that learned Trial Court shall decide the suit without being influenced by any of
the observation made by this Court as well as the second respondent in the impugned
order. No Costs.
(T.R., ACJ.) (P.D.A., J.)
22.09.2022
rkm
Index:yes/no
Speaking/non-speaking
To
1.The District Collector,
Dharmapuri District,
Dharmapuri.
2.The Revenue Divisional Officer,
Dharmapuri District,
Harur.
3.The Sub-Registrar,
Office of Registration,
Kadathur, Dharmapuri District.
4.The Tahsildar,
Pappireddipatti Taluk,
Dharmapuri District.
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W.A.No.2182 of 2022
5.The Inspector of Police,
Morappur Police Station,
Dharmapuri District.
THE HON'BLE ACTING CHIEF JUSTICE
and
P.D.AUDIKESAVALU, J.
rkm
W.A.No.2182 of 2022
22.09.2022
https://www.mhc.tn.gov.in/judis
