Madras High Court
A.Gopalakrishnan vs The Superintendent Of Police on 17 June, 2021
W.A.No.1361 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1361 of 2021
and C.M.P.No.8479 of 2021
A.Gopalakrishnan .. Appellant
Vs.
1.The Superintendent of Police,
Namakkal, Namakkal District.
2.The Deputy Superintendent of Police,
Thiruchengode, Thiruchengode Taluk,
Namakkal District – 637 211.
3.The Inspector of Police,
Mallasamudram Police Station,
Thiruchengode Taluk,
Namakkal District – 637 503.
4.The Sub-Inspector of Police,
Mallasamudram Police Station,
Thiruchengode Taluk,
Namakkal District – 637 503.
5.M.S.Palanivel
6.R.Sabapathy
7.Sarasu
8.A.R.Sumathi
9.A.Raja .. Respondents
Page 1 of 6
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W.A.No.1361 of 2021
Appeal filed under Clause 15 of the Letters Patent against the
order dated 29.01.2019 passed in W.P.No.27902 of 2018.
For Appellant : Ms.Hema Sampath, Sr. Counsel
for Mr.P.Gajendra Babu
For RR 1 to 4 : Mr.S.John J.Raja Singh
Government Counsel
For RR 6 and 7 : Mr.C.Jagadish
For RR 8 and 9 : Mr.S.Senthil
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant aggrieved over
the order of the learned Single Judge, who disposed of the writ petition
by giving the following directions:
"24. As the petitioner in W.P.No.27902/2018
has rightly moved the civil court for appropriate
relief, it is open to him to proceed with the same in
the manner known to law. The relief sought for by
him in this writ petition is only for a Mandamus
forbearing the respondents police officials not to
take forcible possession. Since the possession has
already been taken, nothing further remains to be
decided in the said writ petition in
W.P.No.27902/2018. It is open to them to proceed
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W.A.No.1361 of 2021
with the suit, which has already been filed, in the
manner known to law.
25. As discussed earlier, in the absence of
any transfer of property, the question of putting
back the third and fourth respondents in possession
of the property, after declaring the transfer of
property as void does not arise.
26.To sum up,
(i)The parents/third and fourth respondents
have already declined to maintenance from the
petitioner. Therefore, they may not be entitled for
any maintenance.
(ii)In the absence of transfer of property, the
invocation of Section 23 of the MWPSC Act is not
permissible. Any other transaction or transfer of
any property by them after the commencement of
the said Act may be considered at their instance.
(iii)As the possession has been taken away
from the agreement holders pending the writ
petition and the senior citizens have been put back
in possession of the property, the same shall
continue with them.
(iv)It is open to the agreement holders to
proceed with the suit and take appropriate action,
subject to the result of the suit in the manner
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W.A.No.1361 of 2021
known to law.
(v)The learned District Judge, Namakkal,
before whom the suit in O.S.No.167 of 2015 is
pending shall try the same uninfluenced by any of
the findings given in this order and dispose of the
suit in a time bound manner, not later than six
months from the date of receipt of a copy of this
order."
2. It is submitted by the learned Senior Counsel appearing for
the appellant and the learned counsel appearing for the contesting
respondent that the suit was disposed of and an appeal has been filed
before this Court in A.S.No.496 of 2020.
3. In view of the same, nothing survives for adjudication.
Accordingly, the writ appeal stands closed. We hope that the appeal
would be disposed of without taking note of any of the observation not
only made by the learned Single Judge but also by us. No costs.
Consequently, the connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
17.06.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.1361 of 2021
To
1.The Superintendent of Police,
Namakkal, Namakkal District.
2.The Deputy Superintendent of Police,
Thiruchengode, Thiruchengode Taluk,
Namakkal District – 637 211.
3.The Inspector of Police,
Mallasamudram Police Station,
Thiruchengode Taluk,
Namakkal District – 637 503.
4.The Sub-Inspector of Police,
Mallasamudram Police Station,
Thiruchengode Taluk,
Namakkal District – 637 503.
https://www.mhc.tn.gov.in/judis/
W.A.No.1361 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1361 of 2021
17.06.2021
https://www.mhc.tn.gov.in/judis/
