The Madurai Bench of the Madras High Court dismissed a writ petition seeking a Mandamus to restrain Revenue officials from surveying property during the pendency of a civil suit, holding that the Writ Court cannot act as an interlocutory court for civil proceedings.
Writ petition and connected miscellaneous petition dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2011
CORAM
THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN
W.P.(MD)No.11083 of 2011 And M.P.(MD) No.1 of 2011
LANCO TANJORE POWER COMPANY LTD., (Formerly known as ABAN POWER COMPANY LTD), Represented by Company Secretary, No.9, Karuppur Village, Pandhanallur via., Thiruvidaimarudur Taluk, Thanjavur District. : Petitioner vs.
1.The District Collector, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District. 3.The Tahsildar, Kumbakonam, Thanjavur District. 4.The Assistant Director of Survey and Land Records, Thanjavur.
5.M.Vijendran : Respondents
Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Mandamus, forbearing the respondents 1 to 4 from surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4 in Kottaiyur Village, Kumbakonam Taluk, Thanjavur District during the pendency of the civil suit O.S.No.23 of 2009 on the file of the Principal District Munsif Court, Kumbakonam in the absence of any Court direction or order from the competent Court.
For Petitioner : Mr.G.R.Swaminathan
https://hcservices.ecourts.gov.in/hcservices/ For Respondents-1to4 : Mr.K.P.Krishnadoss, Government Advocate.
2
O R D E R
The petitioner has come up with the above writ petition, seeking a Mandamus to forbear the respondents 1 to 4 from surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4, Kottaiyur Village, Kumbakonam Taluk, Thanjavur District, pending disposal of a civil suit.
Sd/-
Assistant Registrar (A.E)
/True Copy/
Sub Assistant Registrar (C.S)
To
WP(MD) No.11083/2011 12.10.2011
Svn/RJ/28.10.11/(2p/6c)
2 issues framed by the court
Whether the Writ Court can act as an interlocutory court to pass an order restraining survey pending the disposal of a civil suit.
Whether the petitioner should have sought interim relief in the civil court where the suit is pending.
1 provisions across 1 enactments
LANCO TANJORE POWER COMPANY LTD.
The District Collector, Thanjavur District
The Revenue Divisional Officer, Kumbakonam
The Tahsildar, Kumbakonam
The Assistant Director of Survey and Land Records, Thanjavur
M.Vijendran
V. RAMASUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
