Citation : 2025 Latest Caselaw 165 Mad
Judgement Date : 8 May, 2025
W.P.(MD)No.13963 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.05.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.(MD)No.13963 of 2025
and
W.M.P.(MD)No.10111 of 2025
V.Naveen : Petitioner
Vs.
1.The District Collector,
Thanthonrimalai,
Karur,
Karur District.
2.The District Revenue Officer,
Thanthonrimalai,
Karur,
Karur District.
3.The Revenue Divisional Officer,
Pirathhatchanam Road,
Karur,
Karur District.
1/6
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W.P.(MD)No.13963 of 2025
4.The District Registrar,
(Registration Department),
District Registrar Office,
Karur,
Karur District.
5.The Tahsildar,
Manmangalam Taluk,
Karur,
Karur District.
6.The Sub-Registrar,
(Registration Department),
Mela Karur Sub-Registrar Office,
Karur,
Karur District.
7.P.Kandasamy
8.Nallusamy
9.Banumathy
10.Sathish Kumar
11.Jeyapriya : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Mandamus, forbearing the respondents 1
to 5 from taking any adverse actions till the disposal of the appeal in
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W.P.(MD)No.13963 of 2025
A.S.(MD)SR.No.36756 of 2025 on the file of this Court, based on the
petitioner's representation dated 26.04.2025.
For Petitioner : Mr.V.Pandi
For Respondents 1 to 6 : Mr.K.S.Selvaganesan
Additional Government Pleader
ORDER
The petitioner seeks issuance of a Writ of Mandamus to
forbear the respondents 1 to 5 from taking adverse action till
disposal of first appeal in A.S.(MD)SR.No.36756 of 2025, before this
Court, based on the petitioner's representation dated 26.04.2025.
2.The grievance of the petitioner is that the petitioner as a
11th defendant in O.S.No.268 of 2020, has suffered a decree and has
already preferred an appeal before this Court and the same is
pending in the SR stage. Taking advantage of the decree in favour of
the plaintiffs, who are the respondents in the Writ Petition, it is
claimed that the decree holders are attempting to dispossess the
petitioner from the property. Having preferred an appeal, aggrieved
by the judgment and decree in O.S.No.268 of 2020, it shall be open
to the petitioner to move this Court in the pending first appeal and
seek any interim relief. It is not open to the petitioner to invoke the
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writ jurisdiction of this Court and seek the relief of this nature,
especially to forbear the official respondents from taking adverse
action.
3.In the light of the above, the Writ Petition stands
dismissed. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
08.05.2025
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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To
1.The District Collector,
Thanthonrimalai,
Karur, Karur District.
2.The District Revenue Officer, Thanthonrimalai, Karur, Karur District.
3.The Revenue Divisional Officer, Pirathhatchanam Road, Karur, Karur District.
4.The District Registrar, (Registration Department), District Registrar Office, Karur, Karur District.
5.The Tahsildar, Manmangalam Taluk, Karur, Karur District.
6.The Sub-Registrar, (Registration Department), Mela Karur Sub-Registrar Office, Karur, Karur District.
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P.B.BALAJI., J.
MR
08.05.2025
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