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R.Saravanan v. The Commissioner

Madras HC16 Jul 2026WP/27456/2026

Case brief

AI extract

What is this about?

Madras High Court; Justice Hemant Chandangoudar; 16.07.2026; W.P.No.27456 of 2026 and W.M.P.No.30089 of 2026; Article 226 mandamus; restraint on municipal assessment-record alteration/mutation refused where no injunction operates against alienating co-owner; partition suit O.S.No.287 of 2024, Principal District Judge, Dharmapuri; alienation to third respondent during pendency; representation dated 25.11.2025; liberty to seek relief before Civil Court; Dharmapuri Municipality Commissioner; property Door Nos.61 and 62, 5th Street, Appavoo Nagar.

What did the court decide?

No relief granted; liberty reserved to the petitioner to move an appropriate application before the Civil Court in the pending suit seeking the relief claimed in the writ petition; connected miscellaneous petition (W.M.P.No.30089 of 2026) closed; no order as to costs.

R.Saravanan Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent (Commissioner, Dharmapuri Municipality) can be restrained by way of a writ of mandamus from making any alteration to the assessment records relating to the petitioner's property bearing Door Nos.61 and 62, 5th Street, Appavoo Nagar, Dharmapuri District - 636 701, while the partition suit O.S.No.287 of 2024 is pending.

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Court's answer

Admittedly there is no order of injunction or restraint operating against the second respondent; in the absence of any such order, the first respondent cannot be restrained from effecting changes to the assessment records relating to the subject property in accordance with law.

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Ratio / Principle

Since the dispute between the parties is already pending before the competent Civil Court, the relief sought for in this writ petition cannot be granted.

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Detailed headnote1 paragraphs

Madras High Court (Hemant Chandangoudar, J.), 16.07.2026 - Writ petition under Article 226 seeking a writ of mandamus to forbear the Commissioner, Dharmapuri Municipality from making any alteration to the assessment records of the petitioner's property (Door Nos.61 and 62, 5th Street, Appavoo Nagar, Dharmapuri District - 636 701) during the pendency of partition suit O.S.No.287 of 2024, disposed of. Held: (i) with no order of injunction or restraint operating against the second respondent, who alienated the subject property to the third respondent during the suit, the first respondent cannot be restrained from effecting changes to the assessment records in accordance with law; and (ii) since the dispute is already pending before the competent Civil Court, the relief sought cannot be granted. Liberty reserved to the petitioner to move an appropriate application before the Civil Court in the pending suit; connected miscellaneous petition closed; no order as to costs.

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W.P.No.27456 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.07.2026

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CORAM

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THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.P.No.27456 of 2026 and

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W.M.P.No.30089 of 2026

R.Saravanan

S/o.Late Ramanathan

... Petitioner

vs.

The Commissioner Dharmapuri Municipality Dharmapuri District.

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D.R.Ramalingam S/o.Late Ramanathan

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A.Ramya … Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, forbearing the 1^st respondent from making any alteration to the assessment records relating to petitioner’s property bearing Door Nos.61 and 62, 5^th Street, Appavoo Nagar, Dharmapuri District – 636 701 in view of the pendency of the suit in O.S.No.287 of 2024 on the file of the Hon’ble Principal District Judge at Dharmapuri and petitioner’s representation dated 25.11.2025.

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Page Nos.1/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.27456 of 2026

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For Petitioner : Mr.S.Subramanian For Respondents : Mr.B.Anand Standing Counsel, for R1

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*********

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O R D E R

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Mr. B. Anand, learned Standing Counsel, accepts notice for the first

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respondent. Since this writ petition is being disposed of without affecting the rights of respondents 2 and 3, issuance of notice to the said respondents is dispensed with.

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The petitioner has filed the present writ petition seeking a direction restraining the first respondent from making any alteration to the assessment records relating to the property bearing Door Nos. 61 and 62, 5th Street, Appavoo Nagar, Dharmapuri District – 636 701.

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The petitioner states that he has instituted O.S. No. 287 of 2024 before the Principal District Judge, Dharmapuri, seeking partition and separate possession against the second respondent, who is his brother. It is further stated that, during the pendency of the suit, the second respondent alienated the subject property in favour of the third respondent. Consequently, the petitioner submitted a representation to the first respondent requesting that

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Page Nos.2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.27456 of 2026

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the assessment records should not be mutated in the name of the third respondent.

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Admittedly, there is no order of injunction or restraint operating against the second respondent from alienating the property. In the absence of any such order, the first respondent cannot be restrained from effecting changes to the assessment records relating to the subject property in accordance with law. Since the dispute between the parties is already pending before the competent Civil Court, the relief sought for in this writ petition cannot be granted.

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Accordingly, this writ petition is disposed of, reserving liberty to the petitioner to move an appropriate application before the Civil Court in the pending suit seeking the relief claimed in the present writ petition. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

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16.07.2026

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Speaking / Non-speaking order Neutral Citation : Yes / No Index : Yes / No mk

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Page Nos.3/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.27456 of 2026

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HEMANT CHANDANGOUDAR, J.,