The Madras High Court disposed of a writ petition challenging illegal construction by the Municipality on petitioner's land. The court declined to interfere due to a serious title dispute and referenced a pending civil suit for final resolution.
Petition disposed of with no costs; connected miscellaneous petitions 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.
W.P.(MD).No.9468 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.9468 of 2015 and
W.M.P.(MD)No.5428 of 2022 and
M.P.(MD)No.1 of 2015
H.S.Mohaideen
... Petitioner
Vs.
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W.P.(MD).No.9468 of 2015
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from illegally constructing in any portion in Old.R.S.No.9/15 equal to T.S.NO. 51 and 53, Paramakudi Town.
For Petitioner : Mr.T.S.R.Venkataramana For R1 & R2 : Mr.M.Kannan For R3 : Mr.D.Sasikumar Additional Government Pleader
ORDER
The present writ petition has been filed seeking for a Mandamus forbearing the respondents from any way illegally putting up any construction in any portion of Old R.S.No.9/15 equal to T.S.No.51 and 53 of Paramakudi Town.
survey number is a private patta land of the writ petitioner. The
Municipality under the guise of expanding Paramakudi Bus stand, they have encroached over the portion of the patta land belonging to the writ
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W.P.(MD).No.9468 of 2015
petitioner. The learned counsel for the petitioner has further contended that fraudulently the Municipality has mutated the revenue records without even issuing a notice to the petitioner. Despite several attempts made on the side of the writ petitioner, the respondent Municipality has not removed the encroachments. Thereafter, the respondent Municipality has started putting up some constructions in the patta land of the writ petitioner. Hence, the present writ petition has been filed.
Municipality has contended that there is a serious title dispute with regard to the R.S.No.9/15 equal to T.S.No.51 and 53 of Paramakudi Town and hence the issue cannot be decided in the writ petition.
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W.P.(MD).No.9468 of 2015
exercise its jurisdiction under Article 226, especially, when there is a serious title dispute between the petitioner and the respondent Municipality.
status quo to be maintained during the pendency of the civil suit. It is for the competent Civil Court to decide whether to grant any interim order during the pendency of the civil suit. The learned Counsel for the petitioner has further requested that a time limit may be fixed for completion of the trial. Admittedly, the civil suit has been numbered only last week and summons are yet to be served upon the respondents. Even as per the Civil Procedure Code, the respondent Municipality, which is arrayed as a defendant in the suit is having 90 days period to file a written statement. In such view of the matter, a direction cannot be issued to dispose of the suit at this point of time. In case, if the petitioner feels that the defendants are unnecessarily taking time to drag on the proceedings, he is at liberty to approach this court with an appropriate application for expeditious disposal of the suit.
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W.P.(MD).No.9468 of 2015
disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
07.07.2022
Index : Yes / No Internet : Yes / No jbr
Note : Issue order copy on 08.07.2022.
To
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W.P.(MD).No.9468 of 2015
R.VIJAYAKUMAR ,J.
jbr
Order made in W.P.(MD).No.9468 of 2015
07.07.2022
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1 issue framed by the court
Whether the High Court should exercise jurisdiction under Article 226 when there is a serious title dispute and a civil suit is pending.
H.S.Mohaideen
Paramakudi Municipality
The Chairman Paramakudi Municipality
The Revenue Divisional Officer Ramanathapuram District
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
