Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 51570 (MAD)

R.SARAVANAN v. The Commissioner

WP/27456/2026 · 2026-07-16

Hemant Chandangoudar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.27456 of 2026 Page Nos.1/4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.27456 of 2026 and W.M.P.No.30089 of 2026 R.Saravanan S/o.Late Ramanathan ... Petitioner vs. 1. The Commissioner Dharmapuri Municipality Dharmapuri District. 2. D.R.Ramalingam S/o.Late Ramanathan 3. A.Ramya … Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, forbearing the 1st respondent from making any alteration to the assessment records relating to petitioner’s property bearing Door Nos.61 and 62, 5th Street, Appavoo Nagar, Dharmapuri District – 636 701 in view of the pendency of the suit in O.S.No.287 of 2024 on the file of the Hon’ble Principal District Judge at Dharmapuri and petitioner’s representation dated 25.11.2025. https://www.mhc.tn.gov.in/judis W.P.No.27456 of 2026 Page Nos.2/4 For Petitioner : Mr.S.Subramanian For Respondents : Mr.B.Anand Standing Counsel, for R1 ***** O R D E R Mr. B. Anand, learned Standing Counsel, accepts notice for the first respondent. Since this writ petition is being disposed of without affecting the rights of respondents 2 and 3, issuance of notice to the said respondents is dispensed with. 2. The petitioner has filed the present writ petition seeking a direction restraining the first respondent from making any alteration to the assessment records relating to the property bearing Door Nos. 61 and 62, 5th Street, Appavoo Nagar, Dharmapuri District – 636 701. 3. The petitioner states that he has instituted O.S. No. 287 of 2024 before the Principal District Judge, Dharmapuri, seeking partition and separate possession against the second respondent, who is his brother. It is further stated that, during the pendency of the suit, the second respondent alienated the subject property in favour of the third respondent. Consequently, the petitioner submitted a representation to the first respondent requesting that https://www.mhc.tn.gov.in/judis W.P.No.27456 of 2026 Page Nos.3/4 the assessment records should not be mutated in the name of the third respondent. 4. Admittedly, there is no order of injunction or restraint operating against the second respondent from alienating the property. In the absence of any such order, the first respondent cannot be restrained from effecting changes to the assessment records relating to the subject property in accordance with law. Since the dispute between the parties is already pending before the competent Civil Court, the relief sought for in this writ petition cannot be granted. 5. Accordingly, this writ petition is disposed of, reserving liberty to the petitioner to move an appropriate application before the Civil Court in the pending suit seeking the relief claimed in the present writ petition. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 16.07.2026 Speaking / Non-speaking order Neutral Citation : Yes / No Index : Yes / No mk https://www.mhc.tn.gov.in/judis W.P.No.27456 of 2026 Page Nos.4/4 HEMANT CHANDANGOUDAR, J., mk To The Commissioner Dharmapuri Municipality Dharmapuri District. W.P.No.27456 of 2026 16.07.2026 https://www.mhc.tn.gov.in/judis