Sivakumar.Y v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.13034 to 13038 of 2023 W.P.(MD) No.15479 of 2023: Y.Sivakumar Shop No.167, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No. 167/1149, Aruppukkottai Town, Virudhunagar District. W.P.(MD) No.15480 of 2023: Suresh Babu Shop No.169, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No. 167/1149, Aruppukkottai Town, Virudhunagar District. W.P.(MD) No.15481 of 2023: Y.Kannan Shop Nos.166, 166(1)(2)(3)(4)(5)(6)(7) in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar District. W.P.(MD) No.15482 of 2023: Ram Babu Shop No.165, 165(1)(2)(3)(4)(5)(6)(7), in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar District. W.P.(MD) No.15483 of 2023: S.Shankar Shop No.173-A, in T.S.No.271, Block 9, Ward D, Old S.No.123, New S.No.167/1149, Aruppukkottai Town, Virudhunagar District. In all W.Ps. For Petitioner : Mr.S.Madhavan For RR1 to 3 : Mr.P.Subbaraj Special Government Pleader For R4 : Mr.P.Mahendran COMMON ORDER These writ petitions are filed challenging the impugned notices dated 17.03.2023, quash the same and consequently, direct the respondents not to interfere with the peaceful possession and the business of the petitioners in the petition mentioned shops.

¶2In similar circumstances, this Court by its order dated

28.04.2023 in W.P.(MD) No.10814 of 2023, quashed the impugned notice by passing the following order: "3. The conduct of the fourth respondent in issuing this proceedings is a flagrant attempt to overreach the judgment of a Civil Court. As an date, the petitioner's title to the property has been denied by the civil Court and challenge to this decree is now pending in appeal. In this background, the proceedings now initiated is illegal and has to necessarily be set aside. Accordingly, this Writ Petition is allowed and the proceeding initiated under the impugned order, dated 17.03.2023, is quashed. No costs. Consequently, connected miscellaneous petition is closed."

¶3Thus, following the above, these Writ Petitions are allowed and the impugned notices are quashed. It is made clear that the appellate authority shall dispose of the appeal suit as expeditiously as possible not later than a period of six months from the date of the appeal being ready for hearing. No costs. Consequently, connected miscellaneous petitions are closed.

28.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To W.P.(MD)oNos.15479otoo15483oofo2023 P.T.ASHA,oJ. abr W.P.(MD)oNos.15479otoo15483oofo2023 Dated:o28.06.2023 Pageo10oofo10