IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 06.05.2008 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.No.11930 OF 2008 & M.P.No.1 OF 2008 M.Bazeer Ahamed . . Petitioner Vs. 1.District Collector, Thiruvarur District, Thiruvarur. 2.The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District. 3.The Executive Officer, Muthupettai Town Panchayat, Thiruthuraipoondi Taluk, Thiruvarur District. . . Respondents This Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents not to evict the petitioners from Survey No.119/46, 47, (Old Survey No.119/3) in Muthupettai Town panchayat, Thiruvarur District except under due process of law. For Petitioner : Mr.V.Bharathidasan For Respondents : Mrs.D.Geetha Additional Government Pleader ORDER Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader for the respondents. 2. The grievance of the petitioner as argued by the learned counsel for the petitioner is to the effect that the petitioner filed O.S.No.52 of 2007 on the file of the learned Sub Judge, Mannargudi for declaration and for injunction and he also filed interim injunction application so as to protect his https://hcservices.ecourts.gov.in/hcservices/ possession, but it was dismissed. The said original suit is now pending for trial. The learned counsel for the petitioner submits that the authorities being the Government Officials might with the help of police highhandedly dispossess him. 3. No doubt the learned Additional Government Pleader would effectively and lawfully put forth the proposition to the effect that parallel remedy is barred once the civil suit is pending, for the same relief writ petition would not lie. After facing debacle in the interlocutory application for injunction, the petitioner cannot try to get the same relief by filing writ petition. 4. There is no quarrel with the proposition that once civil suit is pending there cannot be a writ petition seeking the same relief. However, one of the plaintiffs happened to be the petitioner in this writ petition apprehends that there would be forcible dispossession. Upholding the contention of the learned Additional Government Pleader, I would like to direct the learned Sub Judge, Mannargudi to dispose of the suit O.S.No.52 of 2007 within a period of two months from the date of receipt of a copy of this order and it goes without saying that the respondents should adhere to the law and abide by the civil Court's direction. The writ petition is dismissed with the above direction. Consequently, the connected miscellaneous petition is closed. Jikr Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar To 1.The Subordinate Judge, Mannargudi. 2. The District Collector, Thiruvarur District, Thiruvarur. https://hcservices.ecourts.gov.in/hcservices/ 3.The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District. 4.The Executive Officer, Muthupettai Town Panchayat, Thiruthuraipoondi Taluk, Thiruvarur District. 1 cc to Mr.V.Bharaathidasan, Advocate, SR.26555 mrd (co) dv/7.5. W.P.NO.11930 of 2008 https://hcservices.ecourts.gov.in/hcservices/