P.Varathappan vs The District Collector
2023 Latest Caselaw 4928 Mad

                                                                          W.A(MD)No.541 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 27.04.2023

                                                  CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                        W.A(MD)No.541 of 2023
                                                 and
                                       C.M.P(MD)No.5455 of 2023

              P.Varathappan                                 ... Appellant/Writ Petitioner

                                                   -vs-

              1.The District Collector,
                Collectorate,
                Karur District.

              2.The Revenue Divisional Officer,
                Kulithalai,
                Karur District.

              3.The Tahsildar,
                Kadavur Taluk,
                Karur District.

              4.P.Kamaraj                                 ... Respondents/Respondents

              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

              dated 24.02.2023 in W.P(MD)No.223 of 2023.

                           For Appellant     : Mr.AN.Ramanathan

                           For R-1 to R-3    : Mr.P.T.Thiraviyam,
                                               Government Advocate

                           For R-4           : Mr.S.M.Mohangandhi



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              Page 1 of 4
                                                                          W.A(MD)No.541 of 2023


                                                JUDGMENT

[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 24.02.2023

made in W.P(MD)No.223 of 2023, the appellant/writ petitioner has filed

this writ appeal.

2. We find that the Writ Court had rightly dismissed the writ petition

since the attempt made by the petitioner in the writ petition was to make

this Court as a Stenographer of the Sub-Court, Kulithalai before which the

civil suit filed by the writ petitioner in O.S.No.232 of 2019 is pending. The

prayer in the writ petition was for issuance of a Mandamus forbearing the

respondents from proceeding with the enquiry till the pendency of the suit.

Such a prayer cannot be sought for under Article 226 of the Constitution of

India. The Writ Court had dismissed the writ petition on the ground that

such an interlocutory prayer cannot be granted under Article 226 of the

Constitution of India. We do not see any infirmity in the order of the Writ

Court to enable us to entertain the appeal.

3. It is open to the appellant to approach the civil Court before it the

suit is pending. If any application is filed by the appellant/writ petitioner

seeking interim injunction, the learned Sub-Court,Kulithalai, is directed to

dispose of the same, on or before 31st August, 2023.

____________ https://www.mhc.tn.gov.in/judis

W.A(MD)No.541 of 2023

4. The writ appeal stands disposed of with the above direction.

No Costs. Consequently, connected miscellaneous petition is closed.

                                                        [R.S.M., J.]           [L.V.G., J.]
                                                                 27.04.2023
              NCC         :Yes/No
              Index       :Yes/No
              PM

              To:


              1.The District Collector,
                Collectorate,
                Karur District.

2.The Revenue Divisional Officer, Kulithalai, Karur District.

3.The Tahsildar, Kadavur Taluk, Karur District.

4.The Judge, Sub-Court, Kulithalai.

____________ https://www.mhc.tn.gov.in/judis

W.A(MD)No.541 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.541 of 2023

27.04.2023

____________ https://www.mhc.tn.gov.in/judis