In a writ petition regarding property possession and eviction threats, the bench suspended coercive action pending the outcome of an appeal challenging an earlier order vesting possession with the petitioner, disposing of the petition without adjudicating merits.
Coercive action stayed pending appeal outcome; petition disposed without adjudication on merits.
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.
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W.P.No.24715/2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 01-11-2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.24715 of 2008
R.Sambandam
... Petitioner
-vs-
1.The District Collector, Thiruvallur District, Thiruvallur.
2.The Zonal Deputy Tahsildar, Madhavaram, Ambattur Taluk, Thiruvallur District.
3.The Revenue Inspector, Madhavaram, Ambattur Taluk, Thiruvallur District. ... Respondents
Petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus to call for the records of the second respondent in respect of his proceedings, dated 17.09.2008, in Naa.Kaa.No.1514/2007/A1 and quash the same and thereby forbear the respondents from in any way interfering with the
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W.P.No.24715/2008
petitioner's property in old Survey No.240/1 (New Survey No.240/1C-1.50 hares) of Kadapakkam Village, Ambattur Taluk, Thiruvallur District.
For Petitioner : Mr.N.Suresh
For Respondents : Mr.J.Ravindran, Addl.Advocate General, assisted by Mr.A.Selvendran, Spl.Govt.Pleader.
ORDER
(By S.Vaidyanathan,J .)
Mr.N.Suresh, learned counsel for the petitioner, would submit that the
respondents are trying to evict the petitioner from the property in question.
respondents would submit that the possession of the property is not with the petitioner and that it is no doubt true that pursuant to the orders of this Court, dated 28.03.2022, mentioned supra, the petitioner has to be given the benefit of the order, but, however, the said order is going to be challenged by way of a Writ Appeal.
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W.P.No.24715/2008
required in this Writ Petition, which is disposed of accordingly, leaving open all the legal and factual points available to both the parties. No costs. Consequently, the connected M.P.No.1 of 2008 is closed.
Index : Yes/No Internet : Yes/No dixit
(S.V.N.,J.) (K.R.S.,J.) 01-11-2023
To
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W.P.No.24715/2008
S.VAIDYANATHAN,J. AND K.RAJASEKAR,J.
dixit
W.P.No.24715 of 2008
01-11-2023
1 issue framed by the court
Whether coercive action can be taken against the petitioner while a writ appeal challenging a possession vesting order is pending.
R.Sambandam
District Collector, Thiruvallur District
Zonal Deputy Tahsildar, Madhavaram
Revenue Inspector, Madhavaram
S.Vaidyanathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
