The Madras High Court dismissed a writ petition under Article 226 seeking disposition of a representation. The Court held that a parallel civil suit for partition of the same land was pending and barred the writ under the principle against duplicate proceedings.
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 : 23.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P. No.18374 of 2018
R.Radhakrishnan .. Petitioner
-vs-
1.The Chief Executive Officer,
Wellington Cantonment Board,
Wellington, The Nilgiris-643 232.
2.R.Ravikumar
3.R.Lingamurthy .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus directing the
respondents to dispose of the petitioner's representation dated
17.03.2018.
For Petitioner : Mr.N.Surya Senthil
For Respondents: Mr.V.Jayaprakash Narayanan,
Special Government Pleader
for R1
ORDER
This writ petition has been filed by the petitioner seeking a direction to the first respondent to dispose of his representation dated 17.03.2018.
2.A perusal of the records would show that the petitioner has already filed a Civil Suit in A.S.C.F.R. No.340 of 2018 on the file of the District Judge, Ootacamund seeking decree for partition of the aforementioned agricultural land against respondents 2 and 3 showing them as defendants. It is well settled legal position that no two parallel proceedings can be allowed to take place.
3.Therefore, this Court is not inclined to entertain this petition and the same is dismissed granting liberty to the petitioner to move a petition before the Civil Court if he desires. No costs.
Sd/-
Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
vga
To
1. The Chief Executive Officer,
Wellington Cantonment Board,
Wellington, The Nilgiris-643 232.
2. The District Judge, Ootacamund.
+ 1 cc to Mr. the Government Pleader sr.49402
W.P. No.18374 of 2018
RJ(CO)
EU(10/08/2018 )
2 issues framed by the court
Whether the Court should entertain a writ petition seeking direction to dispose of a representation when a parallel civil suit for partition of the same land is pending.
Whether two parallel proceedings on the same subject matter can be allowed to subsist.
R.Radhakrishnan
The Chief Executive Officer, Wellington Cantonment Board
R.Ravikumar
R.Lingamurthy
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
