The petitioner, dispossessed by the TANPID Court, filed a writ petition. The Court held that as the remedy lies with the execution court, it cannot grant relief while leaving the petitioner's rights open. The petition was closed without costs.
Petition closed without costs; no relief granted as remedy lies with the execution court.
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.
W.P.(MD)No.373 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2021 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.373 of 2021 and W.M.P.(MD)No.296 of 2021
N.Annamayil ... Petitioner
-Vs-
1.The Tahsildar, Office of the Tahsildar, Madurai East Taluk,
Madurai District.
2.The Inspector of Police, Annanagar Police Station, Madurai.
3.Aruna ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records connected with the order in Na.Ka.No.3383/2020/A3, dated 21.12.2020 passed by the first respondent and quash the same, consequently, directing the respondents No.1 and 2 not to interfere into the peaceful possession and enjoyment of the possession of the house in Plot No.4, No.719/577, 6th Main Road, Roja First Street, Gomathipuram, Melamadai, Madurai within the time stipulated by this Court.
For Petitioner : Mr.S.Malaikani For R1 & R2 : Mr.G.Arjunan Government Advocate For R3 : Mr.Vagheeswaran
ORDER
Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for R1 and R2 and the learned counsel appearing for R3.
2.It appears that the petitioner has been dispossessed pursuant to the orders of the TANPID Court. Therefore, the only remedy open to the petitioner is to move the jurisdictional Court for appropriate relief. It is not possible for this Court to grant any relief to the petitioner. Leaving open the rights of the
1/2
W.P.(MD)No.373 of 2021
petitioner, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/Assistant Registrar (AD II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Tahsildar, Office of the Tahsildar, Madurai East Taluk, Madurai District. 2.The Inspector of Police, Annanagar Police Station, Madurai. +1 CC to M/s.GP ( SR-973[F] dated 18/01/2021 ) +1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-706[F] dated 08/01/2021 ) +1 CC to M/s.S.MALAIKANI, Advocate ( SR-2121[F] dated 27/01/2021 )
W.P.(MD)No.373 of 2021 08.01.2021
VR(CO) KK(08.02.2021) 2P 6C
2/2
1 issue framed by the court
Whether the Hon'ble Court can grant relief to the petitioner who has been dispossessed pursuant to orders of the execution court.
N. Annamayil
The Tahsildar
The Inspector of Police
Aruna
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
