This is a writ petition filed under Article 226 challenging a civil decree and execution proceedings. The High Court dismissed the petition, holding it inappropriate to interfere with a civil court decree under Article 226 when the decree holder was not impleaded.
Writ petition dismissed; no order as to costs; connected miscellaneous petition closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03.05.2018
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.11475 of 2018 and WMP No.13398 of 2018
S.Rathi ...Petitioner
. Vs.
1. The District Collector,
Thiruvallur District,
Thiruvallur.
2. The Commissioner,
Thiruvallur Municipality,
Thiruvallur.
3. Tamil Nadu Electricity Board (UNEB),
Thiruvallur Town,
Thiruvallur Taluk,
Thiruvallur. ... Respondents
Prayer :
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents or any authority or third party to restrict the petitioner from using the common bore well in Survey No.261/27 at Periya Edapalayam Village, Thiruvallur District.
For Petitioner : M/s.Kavitha Deenadayalan For Respondents : Mr.V.Kadhirvelu for R1 & R2 Special Government Pleader
ORDER
This petition seeking mandamus to direct the authorities and third party forbearing the petitioner from using the common bore well situated in Thiruvallur District.
2.From the affidavit and typed set of papers, this Court finds that Civil Suit has been filed and pursuant to the decree passed in the suit, execution of the decree has also been filed. Since it is purely a civil dispute and the competent Court has passed a decree even without impleading the person who obtained the decree, the writ petition is filed seeking order adverse to the decree holder. Hence, the writ petition stands dismissed for the reason that the decree passed by the Civil Court need not be interfered under Article 226 of the Constitution of India, and in addition, the person who obtained decree, is not a party in the present writ petition.
3.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar/Vacation Officer
//True Copy//
Sub Assistant Registrar
KP/RPL
To
1. The District Collector,
Thiruvallur District, Thiruvallur.
2. The Commissioner,
Thiruvallur Municipality, Thiruvallur.
3. Tamil Nadu Electricity Board (UNEB),
Thiruvallur Town, Thiruvallur Taluk,
Thiruvallur.
W.P.No.11475 of 2018
SSD(CO)
CS/07/05/18
1 issue framed by the court
Whether a writ petition seeking an order adverse to a civil court decree can be maintained when the decree holder is not a party to the writ petition.
Colour shows how this judgement treated each authority
Constitution of IndiaReferred¶13
S. Rathi
The District Collector, Thiruvallur District
The Commissioner, Thiruvallur Municipality
Tamil Nadu Electricity Board (UNEB)
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
