Madras High Court
Tmt.Muniammal vs The Superintendent Of Police on 20 April, 2021
W.P.No.8965 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.8965 of 2021
Tmt.Muniammal ... Petitioner
Versus
1.The Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
2.The Deputy Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
3.The Inspector of Police,
Somaspadi,
Tiruvannamalai Taluk and District.
4.K.Allen ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
forbearing the respondents 1 to 3 from interfering with the civil dispute
between the petitioner and the 4th respondent.
For Petitioner : Mr.R.Rajarajan
For R1 to R3 : Mr.C.Raghavan,
Government Advocate [Crl. Side]
*****
Page No.1 of 4
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W.P.No.8965 of 2021
ORDER
This Writ Petition has been filed to forbear the respondents 1 to 3
from interfering with the civil dispute between the petitioner and the 4th
respondent.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl. Side) appearing for the respondents 1 to 3.
3.The petitioner was assigned 1.80 acres of dry agricultural land in
Survey No.61/9 (R.S.No.76/3), Kadambai Village, Thiruvannamalai District
by the 3rd respondent by way of Dharkhast proceedings in DKT.No.87/95,
dated 02.07.1986. The 4th respondent allegedly attempted to disturb the
peaceful possession of the petitioner of 1.80 acres in Survey No.61/9. As
against the illegal attempt of the 4th respondent, the petitioner has filed a suit
in O.S.No.919 of 1993 before the learned Principal District Munsif,
Thiruvannamalai for the relief of declaration and permanent injunction. As
a counterblast, the 4th respondent filed O.S.No.933 of 1993 seeking for the
relief of declaration and injunction. Both the suits were heard together and
common judgment was passed on 24.09.2011 and the suit filed by the
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W.P.No.8965 of 2021
petitioner was decreed in his favour and the suit filed by the 4th respondent
was dismissed. Aggrieved against the same, the 4th respondent has preferred
an appeal in A.S.Nos.60 & 61 of 2004 before the learned Additional Sub
Court, Tiruvannamalai. The Appeal Suits filed by the 4th respondent were
allowed by the decree and judgment dated 29.04.2011. As against the same,
the petitioner filed Second Appeals in S.A.Nos.1218 & 1219 of 2009 before
this Court and the same are pending till now. The petitioner has been in
possession and enjoyment right from the year 1986. The lower Court had
given judgment in favour of her and the lower appellate Court has given
judgment in favour of the 4th respondent and now, the civil case is pending at
the stage of the Second Appeal before this Court.
4.Since the Second Appeals are pending and the rights of the
parties have to be adjudicated finally in the Second Appeals, the 3rd
respondent cannot have jurisdiction to direct the petitioner to hand over the
possession of the property to the 4th respondent. Therefore, the 3rd
respondent is not entitled to interfere with the civil dispute.
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W.P.No.8965 of 2021
M.NIRMAL KUMAR, J.
vv2
5.This Writ Petition is disposed of, with a direction to the 3rd
respondent Police not to interfere with the civil disputes pending between the
petitioner and the 4th respondent. No Costs.
20.04.2021
Index : Yes/No
Internet: Yes/No
vv2
To
1.The Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
2.The Deputy Superintendent of Police,
Tiruvannamalai,
Tiruvannamalai District.
3.The Inspector of Police,
Somaspadi,
Tiruvannamalai Taluk and District.
4.The Public Prosecutor,
High Court, Madras.
W.P.No.8965 of 2021
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