Madras High Court
T.Thiyagarajan vs The District Collector on 1 April, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.P.(MD) No.8863 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.8863 of 2025
and
W.M.P.(MD)No.6643 of 2025
T.Thiyagarajan ... Petitioner
-Vs-
1.The District Collector,
District Collector's Office,
Karur, Karur District.
2.The Tahsildar,
Taluk Office,
Krishnarayapuram, Karur District.
3.The District Revenue Officer,
D.R.O. Office, Kulithalai,
Karur District.
4.The Executive Officer,
Krishnarayapuram Municipal Office,
Krishnarayapuram, Karur District. ... Respondents
Page 1 of 5
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W.P.(MD) No.8863 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the respondents 1 to 4 from constructing any kind
of building and not to interfere with the petitioner's peaceful possession and
enjoyment of the property situated in Karur District, Krishnarayapuram North,
Ward-10, S.F.No.175/24 admeasuring hector 0.05.62 ares, in the light of the
petitioner's representation dated 13.03.2025 till the disposal of the appeal filed by
the petitioner, which is pending with the 1st respondent in Na.Ka.Aa1/873/2024,
dated 11.01.2024 as well as till the disposal of the appeal suit in A.S.No.25 of
2023 pending on the file of the learned Subordinate Judge, Kulithalai, Karur
District.
For Petitioner : Mr.R.Sakthivel
For R1 to R3 : Mr.S.S.Madhavan,
Additional Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.]
By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
2.The petitioner seeks a direction to the respondents 1 to 4 not to
construct any kind of building and not to interfere with the petitioner's peaceful
possession and enjoyment of the property situated in S.F.No.175/24 admeasuring
hector 0.05.62 ares, Ward-10, Krishnarayapuram North, Karur District, in the light
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of his representation dated 13.03.2025 till the disposal of the appeal filed by him,
which is pending with the 1st respondent in Na.Ka.Aa1/873/2024, dated
11.01.2024 as well as till the disposal of the appeal suit in A.S.No.25 of 2023
pending on the file of the learned Subordinate Judge, Kulithalai, Karur District.
3.Mr.S.S.Madhavan, learned Additional Government Pleader takes
notice for the respondents 1 to 3.
4.Notice to the 4th respondent is dispensed with, since no adverse order
is going to be passed as against the 4th respondent.
5.On perusal of the affidavit filed by the petitioner, it is seen that the
dispute involved in this petition is civil in nature and in respect of the property in
question, already a suit in O.S.No.305 of 2021, seeking declaration and mandatory
injunction has been filed before the learned District Munsif Cum Judicial
Magistrate, Krishnarayapuram as against the petitioner and his brothers, which
was dismissed. However, aggrieved by certain portion of the judgment, the
petitioner has filed A.S.No.25 of 2023 on the file of the learned Subordinate
Judge, Kulithalai, Karur District. Pending the same, he has filed this Writ
Petition. Therefore, the petitioner can seek his remedy before the civil forum in
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A.S.No.25 of 2023 and we are not inclined to entertain this Writ Petition.
Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.]
01.04.2025
NCC : Yes / No
Index : Yes / No
Yuva
To
1.The District Collector,
District Collector's Office,
Karur, Karur District.
2.The Tahsildar,
Taluk Office,
Krishnarayapuram, Karur District.
3.The District Revenue Officer,
D.R.O. Office, Kulithalai,
Karur District.
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
Yuva
01.04.2025
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