Petitioner filed writ to compel Revenue Authority to survey disputed property despite pending civil suit by respondent. Court held direction cannot be issued while suit is pending; petitioner must workout remedy in civil suit. Writ petition dismissed.
The writ petition stands dismissed. No costs.
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.4906 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P.(MD) No.4906 of 2021
N.Gopalakrishnan .. Petitioner
vs
1.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Trichy District, Trichy.
2.Shanthi .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representation dated 19.10.2020.
For Petitioner : Mr.G.Manikandan For R1 : Mr.K.P.Krishnadoss Special Government Pleader
ORDER
The case of the petitioner is that the 2nd respondent is attempting to grab the property belonging to him. In that regard, he has also preferred a complaint to the local police on 08.08.2020. However, the complaint was not acted upon on the basis of the fact that there was a civil dispute between the petitioner and the 2nd respondent. Subsequent attempts of the petitioner seeking attention of the authority on his grievances did not receive any response and therefore, he approached the Revenue Authority on 29.09.2020 for surveying the subject property.
2.When the officials have taken steps to survey the property, the 2nd respondent did not allow them to carry out the survey and the 2nd respondent informed the petitioner that a suit in O.S.No.194 of 2019 was filed by her seeking a share in the property. However, the petitioner despite being informed about the pendency of the suit submitted a representation on 19.10.2020 to the 1st respondent requesting him for surveying of the property and as there was no response, the petitioner is before this Court seeking issuance of writ of mandamus.
3.From the above factual narrative, it could be seen that the property in question is the subject matter of the suit proceedings https://hcservices.ecourts.gov.in/hcservices/
1/2
W.P.(MD)No.4906 of 2021
filed by the 2nd respondent in O.S.No.194 of 2019 and when the suit is pending qua parties, a direction as prayed for by the petitioner cannot be issued at all by this Court. In fact, the affidavit is completely bereft of any details and the averments do not coherently make out any legal case for this Court even to consider issuing notice in writ petition.
4.In any event, it appears that the petitioner himself has accepted that there is a suit pending at the instance of the 2nd respondent against him, in which case, it is up to the petitioner to workout his remedy in the pending suit and not before this Court in a mandamus jurisdiction.
5.In view of the same, the writ petition stands dismissed. No costs.
Assistant Registrar(CS-III)
// True Copy //
mm
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
The Revenue Divisional Officer, O/o. Revenue Divisional Office, Trichy District, Trichy.
+1 CC to M/s.SPL GP ( SR-10219[F] dated 10/03/2021 )
W.P.(MD)No.4906 of 2021 09.03.2021
tp(CO) TR(26.03.2021) 2P 3C
2/2
3 issues framed by the court
Whether a direction can be issued to the Revenue Authority to survey a property when the subject matter is pending in civil suit proceedings between the parties.
Whether the petitioner can seek writ interventi when he has accepted the pendency of a suit and must workout his remedy in that suit.
Whether the writ petition stood to receive a legal case for notice issuance given the lack of coherent averments in the affidavit.
N.Gopalakrishnan
1.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Trichy District, Trichy
2.Shanthi
V.Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
