Madras High Court
Anand vs Muthuvelu on 19 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.1283 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.A.No.1283 of 2024
and
C.M.P.No.8006 of 2024
1. Anand
2. Ravi
3. D.Poongavanam ...Appellants
Vs.
1. Muthuvelu
2. Member Secretary,
Directorate of Town and Country Planning,
Hosur NewTown Development Authority,
Hosur, Krishnagir District – 635 109.
3. Block Development Officer (Village Panchayath)
Soolagiri, Hosur,
Krishnagiri District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 01.03.2024 made in W.P.No.12897 of 2022.
1/7
https://www.mhc.tn.gov.in/judis
W.A.No.1283 of 2024
For Appellants : Mr. K.Karthikeyan
For Respondents : Mr. P.Sesubalan Raja, for R1
Mrs. V.Yamuna Devi,
Special Govt. Pleader, for R2
*********
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This Writ Appeal is filed to set aside the order dated 01.03.2024 made
in W.P.No.12897 of 2022.
2. The writ petition has been filed by the 1st respondent herein as
against the cancellation order passed by the 2nd respondent on the ground
that the aforesaid power executed by the appellants herein in favour of
R.Muthuvelu, who is the 1st respondent/ writ petitioner was cancelled
subsequently on 28.03.2018. Therefore, that order was challenged before
the writ Court by the 1st respondent herein on the ground that he has already
filed a suit in O.S.No.103 of 2021 before the District Munsif Court, Hosur.
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3. After hearing the parties, the writ Court has passed the following
order:
i)The District Munsif Court, Hosur is directed to
dispose O.S.No.103 of 2021 as expeditiously as possible
preferably within a period of 12 months from the date of
receipt of a copy of this order.
ii)There shall be no further alienation of any of the
properties by the 5th respondent in respect of 26 plots either
by himself or by his kith and kin and any sale alienation by
the 5th respondent or his kith and kin will be subject to final
outcome of the above suit in O.S.No. 103 of 2021.
iii)The first and second respondents shall ensure
suitable communication are sent to the Jurisdictional
Sub~Registrar Office to make suitable entry in the Register of
property to that effect.
iv)the impugned order dated 03.03.2022 shall be kept
in abeyance pending disposal of the suit.
4. Being aggrieved by the order passed by the writ Court, the
appellant has filed the instant appeal before this Court.
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5. Primordial submission of the appellants is that the suit in
O.S.No.103 of 2021 is pending before the District Munsif, Hosur and the 1st
respondent has also filed application for injunction and the same is also
pending. Now the respondent herein filed the writ petition challenging the
aforesaid cancellation order passed by the Block Development Officer/ 2nd
respondent. In the writ petition he has obtained an order of injunction
restraining them from alienating the properties. According to the
appellants, no such order can be passed when there are proceedings pending
before the civil Court. The appellants being aggrieved by the said order
have filed the instant appeal before this Court.
6. The learned counsel for the respondent would also agree to the fact
that the 1st respondent has filed a suit in O.S.No.103 of 2021 on the file of
the District Munsif Court, Hosur and he has also filed an application for
injunction. Admittedly there is no interim order passed in the aforesaid
application restraining the appellants from interfering with the possession of
the 1st respondent herein/ writ petitioner.
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7. When such suit is pending before the civil Court, the direction
passed by this Court not to further alienate any of the properties by the
appellants herein in respect of 26 plots are concerned is beyond the
jurisdiction of this Court. Therefore, we have no hesitation to set aside the
order in respect of the aforesaid direction passed by the writ Court in clause
ii) and iii) of para No.44 of the said order.
8. In view of the above facts and circumstances of the case the order
of the writ Court is set aside to the extent viz., the clause Nos.ii) and iii) in
Para No.44 is alone set aside. Accordingly, this writ appeal is Partly
allowed. Liberty is granted to the respondent to seek remedy before the
civil Court for appropriate interim order and the remaining portion of the
order viz., clause Nos.i) and iv) shall remain intact. No costs. Consequently,
the connected miscellaneous petitions are closed.
(D.K.K., J.) (P.B.B, J.)
dsa 19.10.2024
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-Speaking order
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To:-
1. The Member Secretary,
Directorate of Town and Country Planning,
Hosur NewTown Development Authority,
Hosur, Krishnagir District – 635 109.
2. Block Development Officer (Village Panchayath)
Soolagiri, Hosur,
Krishnagiri District.
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D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
dsa
19.10.2024
https://www.mhc.tn.gov.in/judis
