Madras High Court
Sidhappan vs 4 S.Natarajan on 13 April, 2023
W.A.No.846 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.846 of 2023
Sidhappan .. Appellant
Vs
1 The District Revenue Officer
Office of the District Revenue Officer
Coimbatore District.
2 The Revenue Divisional Officer
Office of the Revenue Divisional Officer
Avinashi Taluk, Coimbatore District.
3 The Tahsildar
Office of the Tahsildar
Avinashi Taluk, Coimbatore District.
4 S.Natarajan .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 18.7.2022 passed by the learned Single Judge in W.P.No.18203
of 2022.
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W.A.No.846 of 2023
For the Appellant : Mr.R.Nandha Kumar
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for respondents 1 to 3
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order dated 18.7.2022
passed in W.P.No.18203 of 2022 filed by the appellant to quash the
order dated 2.2.2022 passed by the first respondent with a
consequential direction on the first respondent to cancel the sub-
divisions made in S.F.No.634 situated at Kuppanur Village, Annur
Taluk, Coimbatore District.
2. The learned Single Judge, considering the pendency of two
civil suits, one filed by the appellant in O.S.No.1972 of 2013 on the
file of the District Munsif Court, Coimbatore for permanent
injunction against the fourth respondent in respect of the usage of
common cart track in the extreme western side portion of
S.F.No.634 and the other suit filed by the fourth respondent in
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W.A.No.846 of 2023
O.S.No.511 of 2021 on the file of the District Munsif Court,
Coimbatore for declaration to declare that S.F.No.634 as a pathway
to reach the land of the fourth respondent and for permanent
injunction, has dismissed the writ petition granting liberty to the
appellant to make a fresh application before the authority after the
disposal of the suits.
3. We are unable to find any error in the order of the learned
Single Judge assailed in this writ appeal. However, learned counsel
for the appellant submitted that since there are sub-divisions in the
centre of the land, if notice is ordered to the fourth respondent, the
matter will be amicably settled between the parties. But still we are
unable to agree with the request made by learned counsel for the
appellant. However, considering the facts and circumstances of the
case, it would be appropriate to direct the civil court to dispose of
the suits on merits and in accordance with law without being
influenced by any of the order or sub-divisions, within a period of
six months from the date of receipt of a copy of this judgment.
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W.A.No.846 of 2023
4. Accordingly, the writ appeal is disposed of. There will be no
order as to costs.
(T.R., ACJ.) (D.B.C., J.)
13.04.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To:
1 The District Revenue Officer
Office of the District Revenue Officer
Coimbatore District.
2 The Revenue Divisional Officer
Office of the Revenue Divisional Officer
Avinashi Taluk, Coimbatore District.
3 The Tahsildar
Office of the Tahsildar
Avinashi Taluk, Coimbatore District.
Copy to:
The District Munsif,
Coimbatore.
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W.A.No.846 of 2023
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.846 of 2023
13.04.2023
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