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Madras High CourtWP/11204/2017rejected

Dr.R.Yuvaraj v. The Special Tahsildar

2017-04-28Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.11204 of 2017 & W.M.P.No.12161 of 2017 1 Dr.R.Yuvaraj 2 N.Jansirani 3 G.Dhanalakshmi ... Petitioners v.

1 The Special Tahsildar Town Survey Land Tax Corporation office, Chengalpattu 2 The Tahsildar Taluk Office 3 The Commissioner 4 The Head Surveyor 5 The District Collector Kancheepuram, Kancheepuram District 6 R.Venkatraman 7 R.Vasuki Ramanan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 to 5 not to mutate revenue records with respect to the petition schedule property in the name of the 6th and 7th respondents till the disposal of the C.M.A.S.R.No.7491 of 2016 pending on the file of the Principal District Judge at Chengalpattu

For Petitioner : Mr.T.Ramachandran For Respondents : Mr.A.N.Thambidurai Spl. Govt. Pleader - for R1 to R5

ORDER

The petitioners have filed the above writ petition to issue a Writ of Mandamus, directing the respondents 1 to 5 not to mutate revenue records with respect to the petition schedule property in the name of the respondents 6 and 7, till the disposal of the C.M.A.S.R.No.7491 of 2016, pending on the file of Principal District Court, Chengalpattu.

2. Since already a civil dispute is pending between the petitioners and the respondents 6 and 6 in O.S.No.93 of 2015 on the file of Principal District Court, Chengalpattu and a Civil Miscellaneous Appeal was also filed as against the order passed in I.A.No.411 of 2015 in O.S.No.93 of 2015, the remedy open to the petitioners is to approach either the Trial Court or the Lower Appellate Court, for getting appropriate relief.

3. In these circumstances, the writ petition is not maintainable and the same is rejected.

No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The Special Tahsildar Town Survey Land Tax Corporation office, Chengalpattu 2 The Tahsildar Taluk Office 3 The Commissioner

4 The Head Surveyor 5 The District Collector Kancheepuram, Kancheepuram District +1 CC to M.T. Ramachandran, sr 26201 W.P.No.11204 of 2017 & W.M.P.No.12161 of 2017 RK(CO) sp/24/5