7.We now move on to consider the validity of the proceedings of the third respondent/The Assistant Commissioner of HR & CE Department, Karur, dated 23.08.2018. The communication clearly shows that Assistant Commissioner of HR & CE Department has exceeded his jurisdiction, he has written certain things, which he was not authorised to do. Going by the communication of the Commissioner of HR & CE Department, dated 28.07.2018, the Assistant Commissioner of HR & CE Department has no jurisdiction to direct cancellation of patta granted in favour of the appellants. Therefore, the communication of the third respondent, dated 23.08.2018 is without jurisdiction. Added to these, respondents 3 and 4 have already approached the Civil Court by filing a suit in O.S.No.118 of 2018 for declaration, consequential injunction and recovery of possession. The suit is now pending before the Principal District Court, Karur. In our opinion, this is the correct remedy chosen by the respondents 4 and 5. In the interregnum, the HR & CE Department cannot tinker with the proceedings and a parallel line of enquiry cannot be commenced, which, we have already held to be without jurisdiction. Apart from that, we find that there are two civil suits filed by the appellants, namely, O.S.No.105 of 2018, pending on the file of the Prinicpal District Munsif Court, Karur and O.S.No.322 of 2018, pending on the file of the Additional Sub Court, Karur. Thus, when the parties are before the civil court, the HR & CE Department should keep its hands off and await the result of the civil proceedings. As observed earlier certain observations made by the writ court enure in favour of the appellants. Having observed so, we are of the view that the writ court ought to have interfered with the impugned communications directed the parties to agitate their rights before the civil court. This is more so, because if the impugned communications are allowed to stand, it would affect the trial of the civil suit.
