Madras High Court
D.Vijaya vs The District Collector on 5 October, 2023
W.P.(MD) No.14739 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD) No.14739 and 14755 of 2020
D.Vijaya,
... Petitioner in both
writ petitions
Vs
1. The District Collector,
Collectorate, Trichy.
2. The District Revenue Officer,
District Revenue Office, Collectorate,
Trichy District.
3. The Divisional Engineer,
Highways Department (Projects),
Trichy District ... Respondent in
WP No.14739/2020
4. Y.Sangeetha,
W/o.Yogaraja, No.87, South Car St,
Thuraiyur, Trichy Dist.
5. V.Malar,
W/o.K.Varadharaj, No.54 Perumal Kovil
St, Thuraiyur Town, Trichy Dist.
... Respondents in
both W.Ps
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14739 of 2020
1.The Tahsildar
Tahsildar Office,
Thuraiyur,
Trichy District. ... 1st respondent in
W.P.No.14755/2020
Prayer in W.P.No.14739/2020: Writ Petition is filed under Article 226
of the Constitution of India praying for issuance of a Writ of Mandamus
directing the respondent No.3 herein to consider the petitioner
representations dt.23.9.2020 and 30.9.2020 and pass appropriate orders
to withhold the compensation amount in respect of acquisition of land in
survey No.424/3 measuring 11 ares (27.17 cents) out of entire 18 Ares
(44.46 cents) in Govindapuram Village, Murugur Majra, Thuraiyur Tk,
Trichy District till the disposal of the Suit in OS.No.224/2006 on the file
of the District Munsif Court,Thuraiyur, Trichy District within a time.
Prayer in W.P.No.14755/2020: Writ Petition is filed under Article 226 of
the Constitution of India praying for issuance of a Writ of Mandamus
directing the 1st respondent herein to consider the petitioner
representations dt.23.9.2020 and pass appropriate orders to restore the
patta to the original position in the name of Kumarasamy Udaiyar with
respect to the land in S.No.424/3, 424/4 measuring 80 cents in
Govindapuram Village, Murugur Majra, Thuraiyur Tk, Trichy District
till the disposal of the Suit in OS.No.224/2006 on the file of the District
Munsif Court,Thuraiyur, Trichy District within a time stipulated by this
Court.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14739 of 2020
For Petitioner : Mr.D.Nallathamni (in both W.Ps)
For Respondents : Mrs.D.Farjana Ghoushia (in both W.Ps)
Special Government Pleader
COMMON ORDER
The issue involved in both the writ petitions are common and
hence, they are taken up together, heard and disposed of by this common
order.
2.The case of the petitioner is that the subject property in S.No.
424/3 measuring an extent of 0.40 cents and 424/4 measuring an extent
of 0.40 cents belonged to Kaveryammal and she settled these properties
in favour of Vaiyapuri. The petitioner claims to be one of the legal heirs
of Vaiyapuri. The further case of the petitioner is that during the UDR
scheme, there was a mistake in the entries that were made to the revenue
records and the name of Kumarasamy Udayar was entered in the revenue
records. Taking advantage of the same, the said Kumarasamy Udayar
sold the property in favour of the 4th respondent and the fourth
respondent also obtained patta in Patta No.2051.
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W.P.(MD) No.14739 of 2020
3. The above said Vaiyapuri had filed a suit in O.S.No.
224/2006 before the District Munsif Court, Thuraiyur seeking for the
relief of declaration of title and possession and for other consequential
reliefs. The said Vaiyapuri died in the year 2014 and the petitioner
claims that she has inherited the property from Vaiyapuri and substituted
herself as the plaintiff in the suit in O.S.No.224/2006.
4. It is further stated that the fourth respondent filed a suit
against the petitioner in O.S.No.124/2016 seeking for the relief of
declaration and permanent injunction with respect to the same subject
property. It is in these circumstances, the present writ petitions have
been filed before this Court.
5. W.P.No.14755 of 2020 has been filed for issue of a writ of
mandamus directing the Tahsildar to consider the representation made by
the petitioner and to restore the patta to its original position with respect
to the subject property till the disposal of the suit in O.S.No.224/2006.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14739 of 2020
6. W.P.No.14739/2020 has been filed for a direction to the
Divisional Engineer of the Highways department to consider the
representation made by the petitioner and to withhold the payment of
compensation in respect of the lands that have been acquired from the
subject property, till the disposal of the suit in O.S.No.224/2006.
7. Heard the learned counsel for the petitioner and the learned
Special Government Pleader for the official respondents.
8. The learned counsel for the petitioner submitted that the suit
that was filed in O.S.No.224/2006 was dismissed as abated in view of the
demise of original plaintiff and thereafter steps were taken by the legal
heirs to restore the suit by substituting themselves in the suit. The
learned counsel submitted that the suit is pending till date.
9. The petitioner is agitating her rights before the competent
civil Court. The reliefs that have been sought for in these writ petitions
are more in the nature of interim arrangement till the disposal of the suit.
It is now too well settled that writ petitions cannot be filed for the sake of
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W.P.(MD) No.14739 of 2020
obtaining interim orders when the substantial dispute is pending before
the competent Court or authority. Useful reference can be made to the
judgment of the Apex Court in Kalabharati Advertising vs Hemant
Vimalnath Narichania & Ors reported in 2010(9) SCC 437, wherein the
Apex Court held that the forum of writ Court cannot be used for the
purpose of securing an interim relief, where the final relief is pending
before the competent forum. This judgment was subsequently followed
in P.Rajeswari vs The Inspector Of General Of Registration reported in
2011 (3) MLJ 523.
10. In the instant cases, the reliefs that have been sought for in
these writ petitions are more by way of interim arrangement pending
disposal of the main suit in O.S.No.224/2006. Such reliefs can never be
entertained by this Court and if at all the petitioner requires any interim
direction/interim relief it can only be sought for in the pending suit
before the concerned Court. Except giving this clarity no further orders
can be passed in these writ petitions.
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W.P.(MD) No.14739 of 2020
11. The writ petitions are disposed of in the above terms. No
costs.
05.10.2023
NCC : Yes/No
Index : Yes/No
RR
To
1. The District Collector,
Collectorate, Trichy.
2. The District Revenue Officer,
District Revenue Office, Collectorate,
Trichy District.
3. The Divisional Engineer,
Highways Department (Projects),
Trichy District
1.The Tahsildar
Tahsildar Office,
Thuraiyur,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14739 of 2020
N.ANAND VENKATESH, J.
RR
WP. (MD)Nos.14739 and 14755 of 2020
05.10.2023
https://www.mhc.tn.gov.in/judis
