[Cites 0, Cited by 0]
Madras High Court
R.Sethu vs S.Nallathambi on 24 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.A.(MD)No.66 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.66 of 2026
and C.M.P.(MD)No.764 of 2026
R.Sethu ... Appellant
Vs.
1. S.Nallathambi
2. Inspector General of Police,
Southern Region,
No.1, New Natham Road,
Bibikulam, Madurai 625 002.
3. Deputy Superintendent of Police,
Office of the Deputy Superintendent
of Police, Melur,
Madurai District - 625 006.
4. The Sub Inspector of Police,
Melavalavu Police Station,
Melur, Madurai 625 105. ....Respondents
PRAYER:- Writ Appeal – filed under Clause 15 of the Letters Patent,
against the order passed by this Court in W.P.(Crl)(MD)No.2616 of 2025,
dated 16.12.2025.
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W.A.(MD)No.66 of 2026
For Appellant : Mr.D.Rajagopal
For Respondents : Mr.P.Subbiah, Senior Counsel
for Ms.P.Jessi Jeeva Priya for R1
Mr.K.Sanjai Gandhi,
Govt. Advocate for R2 to R4
COMMON JUDGMENT
(Judgment of the Court was delivered by N.SATHISH KUMAR, J.)
This Writ Appeal has been filed challenging the order of the
Writ Court in W.P.(Crl)(MD)No.2616 of 2025, dated 16.12.2025,
directing the appellant to hand over possession to the first respondent.
2. The learned counsel appearing for the appellant would
submit that a second appeal in S.A. (MD) No. 1245 of 2011 is pending,
and during the pendency of the second appeal, a Writ Petition has also
been filed seeking police protection and possession from the appellant.
3. At the outset, we are of the view that when a second appeal
is already pending between the parties, entertaining the Writ Petition with
regard to possession is not maintainable. Even assuming that any
dispossession has occurred during the pendency of the second appeal, the
proper remedy for the parties is to file the necessary application
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immediately in the pending second appeal. Parallel writ jurisdiction
cannot be exercised as a matter of right. The mere filing of an affidavit
does not justify intervention by the Writ Court. Hence, we are of the
view that entertaining the Writ Petition is not maintainable and the order
passed therein cannot be sustained in the eye of law.
4. In view of the above, since the Second Appeal in S.A.(MD)
No.1245 of 2011 between the parties is pending, any alleged
dispossession can be addressed by this Court while deciding the appeal,
and restitution may be ordered, if the Court is satisfied. Admittedly, the
suit was originally filed for declaration and possession. The appellant
now claims to be a subsequent purchaser and having purchased the
subject property, during the pendency of the suit, took possession in the
year 2022. We are of the view that whether he has been in possession
since 2022 is a matter of evidence, as his predecessor in title never
asserted that they are in possession of the property. In fact, the suit itself
is filed for declaration and recovery of possession. Therefore, the claim
of the appellant's possession from 2022 is to be independently
established. Hence, the order of the learned Single Judge is liable to be
set aside.
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5. Accordingly, the order passed in the Writ Petition dated
16.12.2025 is set aside. The parties are relegated to adjudicate their
issues in the pending Second Appeal. We request the learned Single
Judge, who is holding the roster, to expedite the matter and decide the
issues, including any alleged dispossession, taking into account the long
pendency of the second appeal and the nature of the criminal cases
pending against each of the parties.
6. With the above directions, this Writ Appeal is disposed of.
The Registry is directed to list the second appeal before the concerned
portfolio judge within a week. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
[N.S.K., J.] & [M.J.R., J.]
24.03.2026
Index :Yes/No
NCC :Yes/No
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To
1. The Inspector General of Police,
Southern Region,
No.1, New Natham Road,
Bibikulam, Madurai 625 002.
2. Deputy Superintendent of Police,
Office of the Deputy Superintendent
of Police, Melur,
Madurai District - 625 006.
3. The Sub Inspector of Police,
Melavalavu Police Station,
Melur, Madurai 625 105.
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N.SATHISH KUMAR, J.
AND
M.JOTHIRAMAN, J.
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24.03.2026
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