Madras High Court
C.Manimala vs The Deputy Commissioner Of Police on 15 December, 2021
Crl.O.P(MD)No.19914 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.19914 of 2021
1.C.Manimala
2.C.Viknesh
3.C.Jegan ... Petitioners
Vs.
1.The Deputy Commissioner of Police,
(Law & Order),
Madurai City.
2.The Inspector of Police,
S.S.Colony Police Station,
Madurai City.
3.A.Manikandan
4.A.Kumar
5.K.Chithra ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to direct the Inspector of Police, S.S.Colony, Madurai City to
allow the petitioners to have occupation in their properties situated in
D.No.208/1, Theni Main Road, Virattipathu, Madurai – 16, by returning
the key of the said premises which has been hold by him in the light of
the judgment delivered by the learned District Munsif Court,
Tirumangalam in O.S.No.140 of 2016 forthwith.
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1/6
Crl.O.P(MD)No.19914 of 2021
For Petitioners : Mr.R.Anand
For Respondents : Mr.M.Sakthi Kumar,
Govt. Advocate (Crl. Side) for R1 & R2.
ORDER
Heard the learned counsel for the petitioners and the learned
Government Advocate (Crl. Side) for the respondents 1 and 2.
considering the nature of relief to be granted, issuance of notice to the
respondents 3 to 5 is dispensed.
2.This criminal original petition has been filed for directing the
respondent police to hand over the keys in respect of the petition
mentioned property.
3.It is seen that the petitioners have already moved the
jurisdictional Civil Court by filing O.S.No.140 of 2016 and obtained a
decree in their favour on 07.12.2020. It is further stated by the learned
counsel for the petitioners that the judgment debtors have filed A.S.No.5
of 2021 before the Sub Court, Thirumangalam. The petitioners are
permitted to file an interlocutory application in the pending appeal suit.
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Crl.O.P(MD)No.19914 of 2021
Even though the respondent police may not be the parties to the main
appeal, the petitioners are permitted to implead the respondents 1 and 2
herein also in the said interlocutory application. The Court below shall
number the same and after notice to the respondents herein dispose of
the same on merits and in accordance with law within a period four
weeks after the said interlocutory application is filed. I make it clear that
I have not gone into the merits of the matter. The first appellate Court
will take the call in the matter.
4.With this liberty to the petitioners herein and direction to the
first appellate Court, this criminal original petition is disposed of. The
Registry is directed to mark a copy of this order to the learned Sub
Judge, Thirumangalam.
15.12.2021
Index :Yes/No
Internet : Yes/No
ias
Note : Issue order copy on 20.12.2021.
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.19914 of 2021
To:
1.The District Munsif Court,
Thirumangalam.
2.The Deputy Commissioner of Police,
(Law & Order),
Madurai City.
3.The Inspector of Police,
S.S.Colony Police Station,
Madurai City.
Copy to:
The Sub Court,
Thirumangalam.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.19914 of 2021
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.19914 of 2021
G.R.SWAMINATHAN, J.
ias
Crl.O.P(MD)No.19914 of 2021
15.12.2021
https://www.mhc.tn.gov.in/judis
