Third party sought leave to file writ appeal against order disposing of his brother's writ petition seeking eviction of TASMAC from family property. Court held disputes between brothers over ownership must be resolved in civil suit and dismissed the petition at admission stage.
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C.M.P.(MD)No.10634 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
C.M.P.(MD)No.10634 of 2025 in W.A.(MD)No.SR54718 of 2025
C.Ponnuchamy ... Petitioner
Vs.
1.C.Thangaraj
2.The District Manager, Tamilnadu State Marketing Corporation Limited (TASMAC),
Madurai North, Madurai.
3.The Supervisor, Tamilnadu State Marketing Corporation Limited (TASMAC),
TASMAC Shop.No.5311, Plot No.2, Maravankulam, Thirumangalam, Madurai. ... Respondents
Prayer in C.M.P.(MD)No.10634 of 2025 : Miscellaneous Petition is filed
under Section 151 of the Civil Procedure Code to permit the petitioner /
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C.M.P.(MD)No.10634 of 2025
3rd party to challenge the order passed in W.P.(MD)No.13789 of 2025 dated 02.06.2025 by way of writ appeal.
Prayer in W.A.(MD)No.SR54718 of 2025: Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.13789 of 2025 dated 02.06.2025 on the file of this Court.
For Petitioner : Mr.B.Chandran
ORDER (By G.R.SWAMINATHAN, J.)
Heard the learned counsel for the petitioner.
2.The petitioner seeks leave to challenge the order dated 02.06.2025 made in W.P.(MD)No.13789 of 2025. The said writ petition was filed by the petitioner's brother. The case of the petitioner herein is that the petition mentioned property belongs to the family and not exclusively to his brother / Thangaraj alone. But Thangaraj had let out
the property in favour tasmac. Thangaraj / petitioner's brother filed
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C.M.P.(MD)No.10634 of 2025
W.P.(MD)No.13789 of 2025 for vacating tasmac from the said premises.
The learned Single Judge disposed of the writ petition by recording the undertaking given by tasmac earlier that they would vacate the premises within a period of eight weeks. The question of challenging the said order does not arise at all. We can understand that the petitioner herein is having some serious issues with his brother / Thangaraj. But then, these issues will have to be resolved in a civil suit. The question of maintaining writ appeal does not arise. Hence, this miscellaneous petition is dismissed. No costs. Consequently, W.A.(MD)No.SR54718 of 2025 is also dismissed at the SR stage.
(G.R.S. J.,) & (K.R.S. J.,) 10.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias
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C.M.P.(MD)No.10634 of 2025
G.R.SWAMINATHAN, J. and K.RAJASEKAR, J.
ias
C.M.P.(MD)No.10634 of 2025 in W.A.(MD)No.SR54718 of 2025
10.07.2025
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1 issue framed by the court
Whether a third party (brother of writ petitioner) can maintain a writ appeal against an order recording TASMAC's undertaking to vacate premises.
1 provisions across 1 enactments
C.Ponnuchamy
C.Thangaraj
The District Manager, Tamilnadu State Marketing Corporation Limited (TASMAC), Madurai North, Madurai
The Supervisor, Tamilnadu State Marketing Corporation Limited (TASMAC), TASMAC Shop.No.5311, Maravankulam, Thirumangalam, Madurai
G.R.Swaminathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
