The High Court dismissed a writ appeal challenging the single Judge's order rejecting a petition to quash a patta issued in favour of another party. The Court held that the proper remedy was impleading in the pending civil suit where an injunction existed.
Writ appeal 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.
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EFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2014 CORAM:
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.A.(MD)No.367 of 2014 and M.P.(MD)No.1 of 2014 against WP(MD)No.14231 of 2013
1.Micheal S/o Sesu
2.Alexandar
3.Socrates
4.Sebastiammal W/o Gnanaprakasam(late)
5.Arockiam S/o Sebastian(late)
6.Savari Muthu S/o Sebastian(late)
7.Micheal S/o Savari muthu(late)
8.Ambrose
9.Arockiasamy
10.Micheal S/o Sesu(late)
11.Arockiam S/o Micheal(late)
12.Philip
13.John Bosco
14.Edward
15.Maria Micheal Raj
16.Chinnappan
17.Paldasar
19.Lourdu
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20.Francis 21.Vedam 22.Savarimuthu S/o Gaspar(late) 23.Albert 24.Level 25.Suvakin Raj 26.Sebastiammal S/o Sebastian(late) 27.Micheal S/o Chinnappan(late) 28.Melchyoor 29.Soosai Packiam 30.Micheal S/o G.Mariyannan(late) 31.Arulandu 32.Kulandaisamy 33.Savarimuthan ... Appellants/Petitioners Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Devakottai, Sivagangai District. 3.The Tahsildar, Devakottai, Sivagangai District. 4.The District Superintendent of Police, Sivagangai District, Sivagangai. 5.The Deputy Superintendent of Police, Devakottai, Sivagangai District. 6.The Inspector of Police, https://hcservices.ecourts.gov.in/hcservices/ Taluk Police Station, Devakottai, Sivagangai District.
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7.Vijayakumar
8.Subbiramanian
...Respondents/Respondents
Writ Appeal filed under Clause 15 of Letters Patent as against the order dated 20.01.2014 passed in W.P.(MD)No.14231 of 2013.
Prayer in WP(MD). 14231/ 2013 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the patta No. 1648, dated 26.12.2003 issued by the 3rd respondent in favour of the 7th respondent for the properties in S.Nos. 363/1, 2, 364/1, 6, 365/1,2, 368/1 situated at Meiyappanenthal Village @ Michealpatti, Devakottai Taluk, Sivagangai District and quash the same and consequently direct the 3rd respondent to issue patta in favour of the petitioners for the above said properties.
For Appellants : Mr.R.Murugappan For R1 to R6 : Mr.A.K.Baskara Pandian Special Government Pleader
For R7 & 8 : Mr.K.Baalasundharam
JUDGMENT
(Judgment of the Court was delivered by V.RAMASUBRAMANIAN, J.)
The unsuccessful petitioners have come up with the above writ appeal challenging an order of dismissal of their writ petition.
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agent, has already filed a civil suit for declaration and injunction in O.S.No.65 of 2013 on the file of the District Munsif Court, Devakottai. The seventh respondent had also obtained an injunction in his favour. Therefore, the learned single Judge rightly dismissed the writ petition, directing the petitioners to get impleaded in the civil suit.
Sd/-
Assistant Registrar(C.O.,)
/True Copy/
Sub-Assistant Registrar
To
W.A.(MD)No.367 of 2014 05.03.2014
rj2 msm 19.03.2014 p4/10c
1 issue framed by the court
Whether the dismissal of the writ petition challenging the patta granted in favour of the seventh respondent, due to pending civil litigation and injunction, was without illegality or irregularity.
2 provisions across 2 enactments
Micheal and others
The District Collector, Sivagangai District
The Revenue Divisional Officer, Devakottai
The Tahsildar, Devakottai
The District Superintendent of Police, Sivagangai District
The Deputy Superintendent of Police, Devakottai
V.RAMASUBRAMANIAN
V.M.VELUMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
