Writ petition seeking removal of a wrong revenue record entry in the petitioner's property in Sivakasi. The court noted the petitioner had already filed a civil suit for declaration of title and injunction regarding the same property, declined to entertain the writ petition, and directed him to pursue his remedy in that suit.
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.27260 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.(MD)No.27260 of 2024 and W.M.P.(MD)No.23075 of 2024
Rajesh
...Petitioner
/Vs./
5.K.Uththandaraman
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 4 to remove the wrong entry made by the second respondent in the revenue records in the petitioner's property situated Virudhunagar District, Sivakasi Town Survey, Ward-C, Block 6, Old T.S.No.46, Old Survey No.664, TD No. 532 and consider the petitioner's representation dated 23.01.2024.
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W.P.(MD)No.27260 of 2024
For Petitioner : Mr.K.Muraleedharan For R1, R3 & R4 : Mr.A.Kannan Additional Government Pleader For R2 : Ms.S.Devasena For R5 : Mr.M.Subash Muthulingam for Mr.R.Rajamohan
ORDER
The petition is filed for a mandamus directing respondents 1 to 4 to
remove the wrong entry made by the second respondent in the revenue records with respect to the petitioner's property situate at Virudhunagar District, Sivakasi Town Survey, Ward-C, Block 6, Old T.S.No.46, Old Survey No.664, TD No.532, by considering the petitioner's representation dated 23.01.2024.
2.Mr.A.Kannan, learned Additional Government Pleader, takes notice for the respondents 1, 3 and 4, Ms.S.Devasena, learned counsel for the second respondent and Mr.M.Subbiah Muthulingam, learned counsel for the fifth respondent.
3.By consent of all parties, this writ petition is taken up for final disposal at the admission stage itself.
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W.P.(MD)No.27260 of 2024
4.It is seen that the petitioner has also approached the civil Court
in O.S.No.110 of 2024 for declaration of his title with regard to the subject property and for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the property.
5.In the light of the fact that the petitioner has approached the civil
Court, this writ petition cannot be entertained and the petitioner is directed to work out his remedy before the civil Court in the pending suit.
6.With the above direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
05.12.2024
Index : Yes / No NCC : Yes / No ta
To
1.The District Collector/Monitoring Commissioner, Virudhungar District, Virudhunagar.
2.The Commissioner, Sivakasi Municipal Corporation, Virudhunagar District.
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W.P.(MD)No.27260 of 2024
3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.
4.The Sub Collector, Sivakasi, Virudhunagar District.
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W.P.(MD)No.27260 of 2024
N.MALA, J.
ta
W.P.(MD)No.27260 of 2024
05.12.2024
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1 provisions across 1 enactments
Rajesh
The District Collector/Monitoring Commissioner, Virudhungar District, Virudhunagar
The Commissioner, Sivakasi Municipal Corporation, Virudhunagar District
The Tahsildar, Sivakasi Taluk, Virudhunagar District
The Sub Collector, Sivakasi, Virudhunagar District
K.Uththandaraman
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
