Writ Petition No.31097 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/9/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.31097 of 2014
M. Sarala ... Petitioner
Vs
1. The Collector
Thiruvallur District
Thiruvallur.
2. The Tahsildar
Poonamallee Taluk
Thiruvallur District.
3. The Commissioner of Police – II
Sub-Urban, St. Thomas Mount
Chennai. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of mandamus to direct the respondents to
consider the representation of the petitioner dated 14/8/2014 and take
immediate and necessary action to execute the warrant of delivery of
possession of the property to the petitioner comprising 59 cents in S.No.224/2
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Writ Petition No.31097 of 2014
Karakollai Village, Thirunindravur, Poonamallee Taluk, as directed by the
District Court, Poonamallee by order dated 30/4/2009 passed in
E.A.No.339/1986 in E.P.No.290 of 1983 as well by order dated 4/3/2011
passed in E.A.No.56/2011 in E.P.No.290/1983 in O.S.Nos.898/1970 and
900/1970.
For Petitioner ... Mr.K.S.Viswanathan
For respondents ... Mr.S.Ravikumar
Special Government Pleader
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ORDER
This writ petition has been filed to direct the respondents to consider the representation of the petitioner, dated 14/8/2014 and take immediate and necessary action to execute the warrant of delivery of possession of the property to the petitioner, comprising 59 cents, in S.No.224/2 Karakollai Village, Thirunindravur, Poonamallee Taluk, as directed by the District Court, Poonamallee, by order, dated 30/4/2009, passed in E.A.No.339/1986, in E.P.No.290 of 1983, as well by order, dated 4/3/2011, passed in E.A.No.56/2011 in E.P.No.290/1983 in O.S.Nos.898/1970 and 900/1970. Page No:2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31097 of 2014
2. Heard Mr.K.S.Viswanathan, learned counsel for the petitioner and Mr.S.Ravikumar, learned Special Government Pleader for the respondents.
3. It is the contention of the learned counsel for the petitioner that the petitioner is a decree holder, in O.S.No.898 of 1970 and execution petition has been filed to enforce the degree and several applications were filed for obstruction, which were dismissed. Whenever the execution Court ordered for delivery, the same was resisted by the private respondents. On 4/3/2011, execution Court has passed an order, directing the Tahsildar, Taluk Deputy Surveyors and Surveyor to assist the execution of warrant and the Collector of Thiruvallur, to direct the subordinates to survey the suit property and the Commissioner of Police shall direct the subordinates to assist the bailiff to execute the warrant, without any further delay. Learned counsel appearing for the petitioner further submitted that most of the third parties are judgment debtors and others are claiming right through the judgment debtor.
4. When there is a competent Civil Court decree, it is the bounden duty of the State, to provide necessary Police protection to execute the decree. Merely because the people gather and threatened the officials, the authorities Page No:3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31097 of 2014 cannot shirk their responsibility. When the rights of the parties have been finally determined and adjudicated by the Court, the same cannot be defeated by any public and the respondents cannot be a mute spectators. They are bound to render all assistance and to give protection.
5. Accordingly, the respondents are directed to give necessary Police protection, while executing the warrant and also the Tahsildar and Collector of Thiruvallur Districtare directed to depute necessary surveyors to demarcate the property, within a period of two months from today.
6. With the above direction, this writ petition is disposed of. No costs.
8/9/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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1. The Collector Thiruvallur District Thiruvallur.
2. The Tahsildar Poonamallee Taluk Thiruvallur District.
3. The Commissioner of Police – II Sub-Urban, St. Thomas Mount Chennai.
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