1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.11083 of 2011 And M.P.(MD) No.1 of 2011 LANCO TANJORE POWER COMPANY LTD., (Formerly known as ABAN POWER COMPANY LTD), Represented by Company Secretary, No.9, Karuppur Village, Pandhanallur via., Thiruvidaimarudur Taluk, Thanjavur District. : Petitioner vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District. 3.The Tahsildar, Kumbakonam, Thanjavur District. 4.The Assistant Director of Survey and Land Records, Thanjavur. 5.M.Vijendran : Respondents Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Mandamus, forbearing the respondents 1 to 4 from surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4 in Kottaiyur Village, Kumbakonam Taluk, Thanjavur District during the pendency of the civil suit O.S.No.23 of 2009 on the file of the Principal District Munsif Court, Kumbakonam in the absence of any Court direction or order from the competent Court. For Petitioner : Mr.G.R.Swaminathan For Respondents-1to4 : Mr.K.P.Krishnadoss, Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus to forbear the respondents 1 to 4 from surveying and measuring the property in Old R.S.No.350/3 New R.S.No.350/4, Kottaiyur Village, Kumbakonam Taluk, Thanjavur District, pending disposal of a civil suit. 2. Heard Mr.G.R.Swaminathan, learned counsel for the petitioner and Mr.K.P.Krishnadoss, learned Government Advocate for the respondents 1 to 4. 3. The fifth respondent herein has admittedly filed a suit in O.S.No.23 of 2009 on the file of the Principal District Munsif Court, Kumbakonam against the petitioner herein and their predecessors in title by name Muthulakshmi. The prayer in the suit is for a permanent injunction restraining the defendants, including the writ petitioner herein, from in any way putting up any construction or altering the existing nature of the suit property. Apart from the fifth respondent herein, his brothers and mother were also the plaintiffs in the said suit. Admittedly, the said suit is pending. 4. In the meantime, contending that the Revenue Officials and Survey Officials are seeking to measure the property, the petitioner has come up with a prayer to restrain the officials from carrying out the survey. In other words, the prayer made in the writ petition is in the nature of an interim relief pending disposal of suit filed by the fifth respondent herein. It is well settled that even a defendant in a suit is entitled to seek an interim relief. Therefore, the prayer now made by the petitioner herein, in this writ petition, should have been made by them in the civil suit O.S.No.23 of 2009. The Writ Court cannot act as an Interlocutory Court for passing an order during the pendency of a civil proceeding. On this short ground, the writ petition is liable to be rejected. It is open to the petitioner to move appropriate applications before the Civil Court in which the suit is pending. 5. The writ petition is dismissed on the above terms. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector, Thanjavur District, Thanjavur. 2. The Revenue Divisional Officer, Kumbakonam, Thanjavur District. 3. The Tahsildar, Kumbakonam, Thanjavur District. 4. The Assistant Director of Survey and Land Records, Thanjavur. + 1 cc to The Special Government Pleader, SR No.35475 WP(MD) No.11083/2011 12.10.2011 Svn/RJ/28.10.11/(2p/6c) https://hcservices.ecourts.gov.in/hcservices/