Madras High Court
A.Christopher Gnanaoli vs The District Superintendent Of ... on 24 February, 2021
W.P.No.2713 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.2713 of 2021
A.Christopher Gnanaoli
... Petitioner
Vs.
1. The District Superintendent of Police,
Tiruvallur District.
2. The Inspector of Police (L&O)
T-6, Avadi Police Station,
Avadi, Chennai-54.
3. D.Kamalanathan
(impleaded as third respondent vide order dated 24.02.2021
in WMP.No.4915 of 2021)
... Respondents
Prayer: The Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus directing the respondents to provide enabling the
petitioner to carry out the construction activities in the property of the petitioner
situated at No.5, Gandhi Street, Nandavana Mettur, Avadi, Chennai-71
Poonamallee Taluk, Tiruvalur district comprised in Survey No.246 admeasuring
an extent of 13.5 cents including house and vacant site.
For Petitioner : Mr.D.Babu Varadharajan
For Respondents : Mr.M.Mohamed Riyaz, R1 & R2
Additional Public Prosecutor
http://www.judis.nic.in Mr.A.Velmurugan R3
1
W.P.No.2713 of 2021
ORDER
This Writ petition has been filed seeking for police protection to enable the
petitioner to carry out the construction activities in his property.
2. The case of the petitioner is that the subject property originally
belonged to the mother of the petitioner. There was a dispute between one
Pappathi Ammal and the father of the petitioner with regard to the subject
property. The father of the petitioner filed a suit in O.S.No.1888 of 1993 before
the District Munsif Court, Poonamallee against the said Pappathi Ammal for the
relief of declaration, consequential injunction and for a mandatory injunction.
The suit was dismissed by judgment and decree dated 18.07.2006.
3. Aggrieved by the dismissal of the suit, the father of the petitioner filed
an appeal in AS.No.9 of 2008 before the Sub Court, Poonamallee against the
said Pappathi Ammal. During the pendency of the appeal, both the father of the
petitioner as well as the said Pappathi Ammal died and all the legal
representatives came on record. The petitioner prosecuted the case as the legal
heir of his father and the impleaded third respondent prosecuted the case in the
place of Late Pappathi Ammal. Ultimately, the appeal came to be partly allowed
by declaring the title insofar as the schedule-B of the suit property is concerned.
According to the petitioner, this decree has become final. The grievance of the
http://www.judis.nic.in
petitioner is that the impleaded third respondent inspite of loosing the case
W.P.No.2713 of 2021
before the competent Civil Court, is causing threat and preventing the petitioner
from putting up construction in the subject property. When a complaint was
given before the respondent Police, no action was taken against the third
respondent and left with no other option, the present petition has been filed
before this Court.
4. Heard Mr.D.Rabu Varadharajan, learned counsel for the petitioner,
Mr.C.Raghavan, learned Government Advocate (Crl. Side) appearing on behalf
of the respondents 1 and 2 and Mr.A.Velmurugan, learned counsel for the third
respondent.
5. Taking into consideration the facts and circumstances of the case and
also of the fact that a competent Civil Court has already declared the right and
title over the subject property and the same has become final, the second
respondent is directed to call the parties for an enquiry and assess as to whether
the judgment and decree dated 06.01.2010 in AS.No.9 of 2008 has become
final. If it has become final, the impleaded third respondent shall be instructed
not to cause any threat or interference with the possession and enjoyment of the
property of the petitioner. If the third respondent has filed any appeal as against
the judgment and decree passed in AS.No.9 of 2008, the parties shall be directed
http://www.judis.nic.in
to agitate their rights before the Court in accordance with law. The petitioner is
W.P.No.2713 of 2021
directed to make a fresh representation to the second respondent along with a
copy of this order.
6. This Criminal Original Petition is disposed of with the above directions.
24.02.2021
(2/2)
Speaking Order/Non-speaking Order
Index :Yes/No
Internet:Yes/No
rli
To
1. The District Superintendent of Police,
Tiruvallur District.
2. The Inspector of Police (L&O)
T-6, Avadi Police Station,
Avadi, Chennai-54.
3. The Public Prosecutor
High Court of Madras
Chennai – 600 104.
N.ANAND VENKATESH,J.
rli
http://www.judis.nic.in
W.P.No.2713 of 2021
W.P.No.2713 of 2021
24.02.2021
(2/2)
http://www.judis.nic.in
