The court dismissed the writ petition seeking to restrain eviction, holding that the petitioner had already filed a pending civil suit for the same relief and must pursue that remedy instead.
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.8442 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.8442 of 2024 and W.M.P.(MD)No.7649 of 2024
Divyalakshmi Textiles Private Limited, Kulasekaranallur, Aruppukottai Taluk, Virudhunagar District, Represented by its Director, Krishnaveni ... Petitioner
Vs.
1.The District Collector, Virudhunagar.
2.The Tahsildar, Aruppukottai Taluk, Virudhunagar District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the Respondents from evicting the petitioner from the property bearing S.No. 19/3, Kulasekaranallur village, Aruppukottai Taluk, Virudhunagar District without following due process of law.
For Petitioner : Mr.S.Selva Aditya
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W.P(MD)No.8442 of 2024
For Respondents : Mr.D.Sasikumar Additional Government Pleader for R1 & R2
ORDER
It is seen that the petitioner has already filed O.S.No.93 of 2023 on the file of the Principal District Munsif Court, Aruppukkottai seeking the relief now sought for in this writ petition. The petitioner has to pursue his remedy only in the pending suit. The question of granting relief does not arise at all.
13.06.2024
Index : Yes / No Internet : Yes/ No rmi
To
2.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.
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W.P(MD)No.8442 of 2024
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.8442 of 2024
13.06.2024
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1 issue framed by the court
Whether the petitioner can seek relief via writ petition when a parallel suit for the same relief is pending before the civil court?
1 provisions across 1 enactments
Divyalakshmi Textiles Private Limited
The District Collector, Virudhunagar
The Tahsildar, Aruppukottai Taluk, Virudhunagar District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
