1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.166 of 2011 M.Shanmugam : Appellant/Petitioner Vs. 1.The Commissioner, Karaikudi Municipality, Karaikudi. 2.The Revenue Divisional Officer, Devakottai. 3.The Tahsidar, Karaikudi Taluk, Karaikudi. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 21.07.2010 made in W.P.(MD).No.976 of 2006 on the file of this Court. PRAYER in W.P.(MD).No.976 of 2006: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents, their men, servants or agents or anyone claiming under them from in any manner taking over possession or from putting up construction or altering the nature of the property of an extent of 7,500 Sq.ft. in survey No.330/97 Karaikudi Town, Sivagangai District. For Appellant : Mrs.AL.Ganthimathi For Respondent 1 : Mrs.S.Srimathy For Respondents2&3 : Mr.R.Janakiramalu Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This Writ Appeal is directed against the order dated 21.07.2010 made in W.P.(MD).No.976 of 2006. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The appellant herein filed the said Writ Petition seeking a Writ of Mandamus forbearing the respondents, their men, servants, agents or any one claiming under them from in any manner taking over possession or from putting up construction or altering the nature of the property to an extent of 7500 square feet in Survey No.330/97, Karaikudi Town, Sivagangai District. 3. In the affidavit filed in support of the Writ Petition, it is stated that the appellant is in possession and enjoyment of the property bearing Survey No.330/97, Karaikudi Town, Sivagangai District. While so, some persons, claiming to be the owners of the said property, made an attempt to enter into the property belonging to the appellant. In respect of the same, a Civil Suit in O.S.No.352 of 2004 is filed on the file of the District Munsif Court, Karaikudi and the same is pending. In the affidavit, it is also stated that the appellant is also taking steps to implead the respondents as parties in the pending suit. 4. Taking note of the said averment made in the affidavit, the learned Single Judge dismissed the Writ Petition holding that the relief sought for in the pending suit relates to injunction and the appellant cannot seek for a parallel remedy in the Writ Petition as well as in the pending suit, and therefore, no mandamus sought for by the appellant could be issued. The said Order of the learned Single Judge is just and proper, which, in our considered opinion, needs no interference. 5. In the result, the order dated 21.07.2010 made in W.P.(MD). No.976 of 2006 is confirmed and the Writ Appeal is dismissed. No costs. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To 1. The Commissioner, Karaikudi Municipality, Karaikudi. 2. The Revenue Divisional Officer, Devakottai. 3. The Tahsidar, Karaikudi Taluk, Karaikudi. +1 CC to M/s.AL.Ganthimathi, Advocate (SR.No.5089) JUDGMENT MADE IN W.A.(MD).No.166 of 2011 09.02.2011 NB NSV/23.2.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/