M.Periyasamy vs The Special Deputy Collector
2023 Latest Caselaw 1166 Mad

                                                                             W.P.(MD) No.7388 of 2014.

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 30.01.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                            W.P.(MD) No.7388 of 2014
                                                      and
                                             M.P.(MD) No.1 of 2014

                 M.Periyasamy                                            ... Petitioner
                                                       /vs./

                 1.The Special Deputy Collector,
                   Revenue Court, Thiruchirappalli.

                 2.The Tahsildar,
                   Karur Taluk,
                   Karur District.

                 3.R.Vasanthi                                            ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorarified Mandamus, calling the records relating to the
                 proceedings of the 1st respondent made in A.P. No.7 of 2013/I.A.No.54 of 2013
                 dated 29.08.2013 and quash the same and consequently forbearing the 1st
                 Respondent to proceed further in A.P. No.7 of 2013 until the disposal of the Civil
                 suit pending in O.S.No.106 of 2013 on the file of the Principal District Munsif
                 Court, Karur.


                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD) No.7388 of 2014.



                                  For Petitioner           : Mr.K.Govindarajan
                                  For R1 & R2              : Mr.V.OM.Prakash
                                                                 Government Advocate
                                  For R3                   : Mr.E.K.Kumaresan

                                                        ORDER

The writ petition is seeking for a Certiorarified Mandamus to call for the

records relating to the proceedings of the first respondent in A.P.No.7 of 2013 /

I.A.No.54 of 2013 dated 29.08.2013, to quash the same and consequently to

forbear the first respondent to proceed further in A.P. No.7 of 2013 until the

disposal of the suit in O.S.No.106 of 2013 on the file of the Principal District

Munsif Court, Karur.

2.Now it is brought to the notice of this Court that the suit in O.S.No.106 of

2013 has been disposed of by judgment and decree dated 10.10.2015 decreeing

the suit as prayed for in its entirety. Against the said judgment and decree, the

petitioner had preferred an appeal suit in A.S.No.33 of 2015 and the same has

been dismissed for default by a judgment and decree of the learned Principal

Subordinate Judge, Karur, on 23.09.2019.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.7388 of 2014.

3.The learned counsel for the petitioner would submit that he is taking steps

to restore the said appeal suit.

4.Be that as it may, what has been challenged is simpliciter a notice issued

by the first respondent calling upon the petitioner to submit his explanation on the

appeal filed by the third respondent pending the suit filed by the third respondent

seeking for various declarations. The said suit has also been disposed of. Hence,

the prayer in the writ petition itself becomes infructuous.

5.However, now considering that the appeal has been filed as against the

order of the second respondent recording the tenancy in the name of the petitioner

based upon the lease deed, which has been declared to be null and void by an

appropriate civil Court, the record of tenancy by the Tahsildar itself becomes

void.

6.In view of the subsequent developments, I find no reason to entertain this

writ petition as prayed for by the petitioner. Hence, the Writ Petition is dismissed.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.7388 of 2014.

The first respondent is directed to dispose of the appeal within a period of 12

weeks from the date of receipt of a copy of this order. However, there shall be no

order as to costs. Consequently, connected Miscellaneous Petition is closed.

                 Speaking            : Yes / No                                30.01.2023
                 NCC                 : Yes / No
                 Internet            : Yes / No
                 Index               : Yes / No
                 mm

                 To

                 1.The Special Deputy Collector,
                   Revenue Court, Thiruchirappalli.

                 2.The Tahsildar,
                   Karur Taluk,
                   Karur District.






https://www.mhc.tn.gov.in/judis
                                       W.P.(MD) No.7388 of 2014.

                                  K.KUMARESH BABU, J.

                                                           mm




                                  W.P.(MD) No.7388 of 2014




                                                   30.01.2023




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