Madras High Court
Vijayaprakash vs The Revenue Divisional Officer on 7 July, 2022
W.P(MD)No.14581 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2022
CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.P(MD)No.14581 of 2022
and
W.M.P(MD) Nos.10402 to 10404 of 2022
1. Vijayaprakash
2. Ayyasamy ...Petitioners
Vs.
1. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
2. The State Represented by
The Inspector of Police,
Vasudevanallur Police Station,
Tirunelveli District.
(In Crime No.231 of 2020)
3. G.Antony
The Inspector of Police,
Vasudevanallur Police Station,
Tirunelveli District.
4. Thirumalai Ganesan
5. Abbas
6. Ganesan
7. Arunkumar ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14581 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, calling for the
records pertaining to the Impugned Order passed by the first respondent
in Na.Ka.No.A2/3322/2020, dated 09.06.2021 and quash the same as
illegal, arbitrary and unsustainable.
For Petitioners : Mr.I.Velpradeep
For R1 & R2 : Mr.M.Sakthi Kumar
Government Advocate (Crl Side)
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorari, calling for the records pertaining to the Impugned Order
passed by the first respondent in Na.Ka.No.A2/3322/2020, dated
09.06.2021 and quash the same as illegal, arbitrary and unsustainable.
2. The learned counsel for the petitioners submitted that there is a
land dispute between the petitioners and the private respondents. In
pursuance of the said dispute, the civil cases are also pending and
criminal cases also registered in Crime Nos. 118 of 2013, 235 of 2017
and 122 of 2018, dated 17.05.2013, 29.09.2017 and 05.06.2018
respectively by the second respondent police.
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W.P(MD)No.14581 of 2022
3. In these circumstances, another case has been registered in
Crime No.231 of 2020, dated 25.05.2020 and enquiry has been
conducted by the Revenue Divisional Officer, and passed the impugned
order vide in Na.Ka.No.A2/3322/2020, dated 09.06.2021, he ordered
status quo till the disposal of the Civil Appeal pending between the
parties. Now, the petitioners seeks to set aside the order.
4. A perusal of the records reveals that there is a dispute between
the petitioners and the private respondents with regard to the properties
in S.Nos.2/4C1, 2/4C3, 2/6B2, 2/6B3, 2/5B1, 2/5B4, 2/5B5 and 2/5B6
situated at Ramanathapuram Village, Vasudevanallur Taluk, Tenkasi
District. In this connection, the first petitioner and 4 others has filed a
Suit in O.S.No.95 of 2005, on the file of the Sub Court, Sankarankovil
and judgment was passed on 28.06.2017 by declaring that the first
petitioner and his brothers and sisters are the title holders of the subject
property. The Court further granted an injunction the 4th respondent and
his men not to interfere with the peaceful possession and enjoyment of
the above said property. Challenging the same, the 4th respondent has
preferred an appeal in A.S.No.91 of 2017 before the IV Additional
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W.P(MD)No.14581 of 2022
District Judge, Tirunelveli, and the same was dismissed, dated
30.07.2020. The petitioners has not filed any Execution Petition and
therefore the 4th respondent has filed the second Appeal before this Court
in S.A.S.R.(MD)Nos.10446 and 10447 of 2021.
5. In these circumstances, since there is a law and order problem,
the Revenue Divisional Officer ordered to maintain status quo till the
disposal of the Civil Appeal pending between the parties and he has not
pass any order favourably to any one and there is no infirmity in the
order of the Revenue Divisional Officer and hence the order of the
Revenue Divisional Officer is confirmed.
6. Accordingly, this Writ Petition is dismissed. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
07.07.2022
Index :Yes/No
ebsi
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14581 of 2022
To
1. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
2. The State Represented by
The Inspector of Police,
Vasudevanallur Police Station,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14581 of 2022
V.SIVAGNANAM., J
ebsi
W.P(MD)No.14581 of 2022
07.07.2022
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