This court closed the writ petition seeking to quash registration orders and direct the maintainance of possession, noting that an identical civil suit was pending and the orders had been recalled via circular.
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.
WP(MD)No.11919 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 16.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.11919 of 2018 and WMP(MD)No.10880 of 2018
S.Jegannathan
... Petitioners
Vs
Chennai – 600 028.
Tirunelveli District.
3.S.Nallathai ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the 2nd respondent's proceedings in No.1003/A2/2017 dated 20.09.2017 and quash the same as without jurisdiction and consequently direct the respondents not to disturb the petitioner's possession over the property in Survey No. 58/3B to an extent of 21 cents situated at Oormel Azhaiyan Village, Kadayanallur Taluk, Tirunelveli District within the period stipulated by this Court.
WP(MD)No.11919 of 2018
For Petitioner : Mr.Ananth C.Rajesh For Respondent : Mr.M.Ramesh, Nos.1 and 2 Government Advocate
For Respondent : Mr.S.Prithviraj, No.3
ORDER
This writ petition is filed for quashing the orders of
the second respondent dated 20.09.2017 and for a consequential direction not to disturb the petitioner's peaceful possession over the property in S.NO.58/3B situated at Oormel Azhaiyan Village, Kadayanallur Taluk, Tirunelveli District.
2.When the writ petition was taken up for hearing the learned Counsel for the 3rd respondent submits that the petitioner has also filed a civil suit in OS.No.3 of 2023 before the Principal District Munsif Court, Tenkasi for the very same relief sought for in this writ petition.
3.The learned Government Advocate appearing for
respondents 1 and 2 submits that orders of the second 2/4
WP(MD)No.11919 of 2018
respondent dated 20.09.2017 has already been recalled in view of the circular issued by the Inspector General of Registration vide Circular No.41530/U1/2017, dated 09.04.2018.
4.Recording the above submission of the learned Government Advocate appearing for respondent Nos.1 and 2, this writ petition is closed. No costs. Consequently connected miscellaneous petition is also closed.
16.02.2023
Internet : Yes / No
dsk
To
Tirunelveli District.
3/4
WP(MD)No.11919 of 2018
B.PUGALENDHI, J.
dsk
WP(MD)No.11919 of 2018
16.02.2023
4/4
1 provisions across 1 enactments
S.Jegannathan
The Inspector General of Registration
The District Registrar (Administration), Tenkasi
S.Nallathai
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
