Thangavelu vs The Tahsildar
2023 Latest Caselaw 13614 Mad

                                                                          W.P.(MD) No.16359 of 2020


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 06.10.2023

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                            W.P.(MD) No.16359 of 2020 and
                                             WMP(MD) No.13668 of 2021
                     Thangavelu,                                               ... Petitioner

                                                           Vs

                     1. The Tahsildar,
                     Devakottai Tk, Sivagangai District.

                     2. The Block Development Officer,
                     Devakottai Panchayat Union,
                     Sivagangai District.

                     3. The President,,
                     Muppaiyur Village Panchayat, Devakottai
                     Panchayat Union, Sivagangai District                   ... Respondents

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of
                     India praying to issue a Writ of Mandamus forbearing the respondents
                     from interfering with the petitioners possession and enjoyment of
                     property in Survey No.425/5 Vettivayal Village, Muppaiyur Group,
                     Devakottai Tk, without following the process of law.
                                    For Petitioner    : Mr.J.Anandkumar
                                    For Respondents   : Ms.D.Farjana Ghoushia
                                                      Special Government Pleader



                     1/4

https://www.mhc.tn.gov.in/judis
                                                                             W.P.(MD) No.16359 of 2020




                                                         ORDER

This writ petition has been filed for the issue of a writ of

mandamus forbearing the respondents from interfering with the

petitioners possession and enjoyment of property in Survey No.425/5

Vettivayal Village, Muppaiyur Group, Devakottai Tk, without following

the process of law.

2.When the writ petition was entertained, this Court passed the

following order on 08.01.2021:

“It is seen that the petitioner is enjoying a decree in his favour. It is not open to the respondents to act in contravention or breach of the civil Court's decree. Hence, there shall be an order of interim injunction.”

3.When the matter was taken up for hearing today, the learned

Special Government Pleader submitted that the petitioner died on

09.03.2023.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.16359 of 2020

4.The learned counsel for the petitioner submitted that as

against the judgment and decree passed by the trial Court, the official

respondents have filed an appeal with a delay and the same is pending in

IA No.1/2021 in Unnumbered appeal suit on the file of the Sub Court,

Devakottai.

5.In view of the above, the official respondents shall work out

their remedy in the pending appeal before this Court. Till then, status quo

will be maintained. Accordingly, this writ petition is closed. No costs.

Consequently connected Miscellaneous Petition is closed.

                                                                                       06.10.2023
                     Index    : Yes/No
                     NCC      : Yes/No
                     RR
                     To
                     1. The Tahsildar,

Devakottai Tk, Sivagangai District.

2. The Block Development Officer, Devakottai Panchayat Union, Sivagangai District.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.16359 of 2020

N.ANAND VENKATESH, J.

RR

WP. (MD)No.16359 of 2020

06.10.2023

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