K.L. Subramanian Vs. The District Revenue Officer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1186404
CourtChennai Madurai High Court
Decided OnDec-16-2016
Case NumberW.P(MD) No. 24151 of 2016
JudgeK. Ravichandrabaabu
AppellantK.L. Subramanian
RespondentThe District Revenue Officer
Excerpt:
tamil nadu protection of interests of depositors (in financial establishments) act, 1997(tamil nadu act 44 of 1997- constitution of india, 1950 - article 226 parallel petition petitioner made representation to respondent to remove sealed lock and handover possession of house property at prescribed place to petitioner, so as to enable him to handover possession to purchaser as petitioner s representation was not considered hence this writ petition court held as special court established under act, 1997 has already seized of matter and order raising attachment has also been passed by said court petitioner has to approach very same court and obtain further order, if he has any grievance against respondent as such parallely filing present writ petition and seeking present relief cannot be entertained petitioner is given liberty to approach very same court seeking appropriate relief writ petition was disposed. paras: (4, 5) (prayer: writ petition filed under article 226 of the constitution of india, praying this court to issue a writ of mandamus directing the respondent to remove the sealed lock and hand-over the possession of the house property bearing town survey no.1014 situated at door no.24, mela chithirai street, madurai city, madurai to the petitioner enabling him to hand over the possession to the purchaser by considering the representation dated 24.10.2016.) 1. the petitioner seeks for a direction to the respondent to remove the sealed lock and hand-over the possession of the house property bearing town survey no.1014 situated at door no.24, mela chithirai street, madurai city, madurai to the petitioner enabling him to hand-over the possession to the purchaser by considering the representation dated 24.10.2016. 2. mr.t.s.mohammed mohideen, learned additional government pleader takes notice for the respondent. 3. by consent of both parties, the main writ petition is taken up for disposal, at the admission stage itself. 4. it appears that the special court established under tamil nadu protection of interests of depositors(in financial establishments)act, 1997(tamil nadu act 44 of 1997) has already seized of the matter and an order raising the attachment has also been passed by the said court. therefore, it is for the petitioner to approach the very same court and obtain any further order, if he has any grievance against the present respondent, who is also a party to the proceedings before the said special court. 5. without doing so, parallely filing the present writ petition and seeking present relief cannot be entertained. 6. therefore this writ petition is disposed of with liberty to the petitioner to approach the very same court referred to above, seeking for appropriate relief. no costs.
Judgment:

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to remove the sealed lock and hand-over the possession of the house property bearing Town Survey No.1014 situated at Door No.24, Mela Chithirai Street, Madurai City, Madurai to the Petitioner enabling him to hand over the possession to the purchaser by considering the representation dated 24.10.2016.)

1. The Petitioner seeks for a direction to the respondent to remove the sealed lock and hand-over the possession of the house property bearing Town Survey No.1014 situated at Door No.24, Mela Chithirai Street, Madurai City, Madurai to the Petitioner enabling him to hand-over the possession to the purchaser by considering the representation dated 24.10.2016.

2. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondent.

3. By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself.

4. It appears that the Special Court established under Tamil Nadu Protection of Interests of Depositors(in Financial Establishments)Act, 1997(Tamil Nadu Act 44 of 1997) has already seized of the matter and an order raising the attachment has also been passed by the said Court. Therefore, it is for the Petitioner to approach the very same Court and obtain any further order, if he has any grievance against the present respondent, who is also a party to the proceedings before the said Special Court.

5. Without doing so, parallely filing the present Writ Petition and seeking present relief cannot be entertained.

6. Therefore this Writ Petition is disposed of with liberty to the Petitioner to approach the very same court referred to above, seeking for appropriate relief. No costs.