Writ petition seeking permission to continue farming on disputed land pending civil suit dismissed. Court held that interim relief cannot be obtained via writ petition when a civil suit for permanent injunction is already pending and no interim order was granted therein.
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W.P.(MD)No.3596 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD)No.3596 of 2025
M.Selvam
... Petitioner
/Vs./
Collector Office Campus,
Theni District.
Aundipatti Taluk, Theni District.
Aundipatti, Theni District.
Andipatti Taluk,
Theni District.
Andipatti Taluk, Theni District.
Myladumparai Police Station,
Aundipatti, Theni District.
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W.P.(MD)No.3596 of 2025
7. Amutha.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take necessary action against the respondents 2 to 7 as the Petitioner prayed in his petition dated 28.01.2024 and allow the Petitioner and his family to continue the farming in their land bearing Survey No. 1062/2 1062/3 of Myladumparai village Theni District till the disposal of the Civil Suit pending before the District Munsif Aundipatti in O.S. 35/2024.
For Petitioner : No appearance
For Respondents : Mr.R.Suresh Kumar Additional Government Pleader for R1,3-5
: Mr.S.Prakash Government Advocate for R6
: Mr.D.Gandhi Raj Special Government Pleader for R2
ORDER
The petitioner has filed the present Writ Petition, seeking a Writ of Mandamus, to direct the first respondent to take necessary action against the respondents 2 to 7 on its petition dated 28.01.2024 and permit the petitioner to continue the farming in their land bearing Survey Nos.
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W.P.(MD)No.3596 of 2025
1062/2 and 1062/3 of Myladumparai village, Theni District, till the disposal of the Civil Suit in O.S.No.35 of 2024, pending before the District Munsif, Aundipatti.
heard the learned Government Counsel for the official respondents.
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W.P.(MD)No.3596 of 2025
petitioner, by issuing any directions as sought for the in the writ petition. There is no merit in this writ petition. Hence, this Writ Petition is
dismissed. No costs.
Index : Yes / No 12.02.2025 NCC : Yes / No LS TO:-
Theni District.
Aundipatti Taluk, Theni District.
Theni District.
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W.P.(MD)No.3596 of 2025
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W.P.(MD)No.3596 of 2025
P.B. BALAJI, J.
LS
Order made in W.P.(MD)No.3596 of 2025
Dated: 12.02.2025
1 issue framed by the court
Can a writ of mandamus be issued to permit farming on disputed land pending a civil suit for permanent injunction?
1 provisions across 1 enactments
M.Selvam
The District Collector
The Block Divisional Officer
The Revenue Inspector
The Tahsildar
The Village Administrative Officer
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
