The Court dismissed a writ petition seeking quashing of revenue proceedings regarding land title, directing the petitioners to rely on their pending civil suit for determination of the disputed ownership instead of continuing writ litigation.
The petitioners are directed to approach the Civil Court; the connected miscellaneous petitions are closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.04.2014
CORAM:
THE HON'BLE MR. JUSTICE T. RAJA
W.P. No. 5884 of 2011
and
M.P. Nos. 1 & 2 of 2011
1. Muthuswamy
2. M. Shanmugam
3. S. Selvamani .. Petitioner
Vs.
1. The Collector
Thiruchengode Taluk
Namakkal District
Namakkal.
2. The Assistant Director
of Land Survey and Records
Thiruchengode Taluk
Namakkal District
Namakkal.
3. The Revenue Divisional Officer
Thiruchengode Taluk
Thiruchengode
4. The Commissioner
Thiruchengode Municipality
Thiruchengode.
5. The District Revenue Officer
Namakkal District
Namakkal
6. P. Senguttuvel
7. M. Jacob Venkatachalapathy
8. M. Ravi
9. K.Ganesan
R6 to R9 impleaded as per order
dated 17.11.2011 by MMSJ in
M.P.No.3/2011 in W.P.5884/2011 .. Respondents
PRAYER: The Writ Petition has been filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the proceedings of the 5th respondent in No.Moo.44174/2010 (O-1) dated 23.02.2011 and quash the same and consequently forbear the respondents herein not to in any manner interfere with the peaceful possession and enjoyment of the property including its users or change of user by the respondent herein situate in Ward No.G, Block No.32, T.S. No.152/2, Thiruchengode Town, Namakkal District and pass further orders.
For petitioners : Mr. K. Goviganesan
For respondents : Mr. S.V. Duraisolaimalai, AGP for R1 to R3 and R5 Mr. M.S. Palanisamy for R6 to R9 No Appearance for R4
The present Writ Petition has been filed by three persons, namely, C. Muthuswamy, M. Shanmugam and S. Selvamani, jointly challenging the proceedings issued by fifth respondent, the District Revenue Officer, Namakkal, in No. Moo.44174/2010 (O-1) dated 23.02.2011, to quash the same with a consequential direction forbearing the respondents herein not to interfere with the peaceful possession and enjoyment of the property including its users or change of users by the respondents, situated in Ward No.G,Block No.32, T.S. No.152/2, Thiruchengode Town, Namakkal District.
Court, Tiruchengode, seeking for a relief of declaration of title with the consequential injunction. During the pendency of the civil suit, the present impugned order is passed. Aggrieved by the order, the petitioners have come before this Court. Learned counsel for the petitioners further submitted that when the suit is already pending on the file of the District Munsif Court, Thiruchengode seeking a decree for declaration of title and consequential injunction in favour of the petitioners, there is no need for quashing the impugned order. If the impugned order passed by the 5th respondent, the District Revenue Officer, is allowed to stand, this will create a cascading effect on the pending civil suit. On this basis, prayed for interference.
supported the contentions of the learned counsel for the respondents 6 to 9 and submitted that the Civil Suit in O.S. No.210 of 2009 before the District Munsif Court, Tiruchengode filed by the petitioners, seeking declaration of title and consequential injunction, against the Commissioner of Municipalities, Tiruchengode and the respondents 6 to 9 herein, is pending consideration from 2009. Moreover, there has been a dispute with regard to ownership of the petitioner in respect of the land in Survey No.152/2, Old survey No. 152. Therefore, the suit filed by the petitioner on the file of the District Munsif, Thiruchengode should be disposed of, so that the controversy raised in the present writ petition as well as in the civil suit wiill be permanently solved.
To 1. The Collector Thiruchengode Taluk Namakkal District Namakkal.
2 issues framed by the court
Whether the writ petition should be dismissed when the petitioner has a pending civil suit for declaration of title and injunction regarding the same property.
Whether the court can direct the parties to approach the civil court instead of quashing the revenue officer's proceedings due to the pendency of one suit.
1 provisions across 1 enactments
Muthuswamy and others
Collector, Thiruchengode Taluk and others
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
