Madras High Court
Subbaiya Thevar vs The Superintendent Of Police on 16 June, 2022
W.P(MD)No.12057 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2022
CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.P(MD)No.12057 of 2022
Subbaiya Thevar ...Petitioner
Vs.
1.The Superintendent of Police,
Tenkasi, Tenkasi District.
2.The Deputy Superintendent of Police,
Puliangudi Sub-Division,
Tenkasi District.
3.The Inspector of Police,
Vasudevanallur Police Station,
Tenkasi District.
4.Madathiammal
5.Gurusamy ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus directing the
respondents 1 and 2 to take action on the petitioner's representation dated
29.05.2022 and consequently direct the third respondent not to threaten
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W.P(MD)No.12057 of 2022
the petitioner to handover the property which is the subject matter of the
second appeal in S.A.(MD).No.1213 of 2011 pending before this Court
to the respondents 4 and 5 herein.
For Petitioner : Mr.R.J.Karthick
For Respondents : Mr.M.Sakthi Kumar
1 to 3 Government Advocate (crl.side)
ORDER
This writ petitioner filed this Writ Petition seeking for issuance of
a Writ of Mandamus directing the respondents 1 and 2 to take action on
the petitioner's representation dated 29.05.2022 and consequently direct
the third respondent not to threaten the petitioner to handover the
property, which is the subject matter of the second appeal in S.A.
(MD).No.1213 of 2011 pending before this Court to the respondents 4
and 5 herein.
2.The learned counsel for the petitioner submitted that the disputed
property originally belongs to the petitioner. Due to the property dispute
between the petitioner and the private respondents, the petitioner has
filed a suit in O.S.NO.230 of 2004 on the file of the District Munsif
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W.P(MD)No.12057 of 2022
Court, Sivagiri and the same was decreed on 23.07.2010. Aggrieved over
the same, the respondents 4 and 5 herein filed A.S.No.65 of 2010 on the
file of Subordinate Court, Sankarankovil and the petitioner was also filed
a Cross appeal. The appellate Court by its judgment and decree dated
07.07.2011 partly allowed the suit and confirmed the relief granted by
the trial Court. Challenging the judgment and decree passed in A.S.No.65
of 2010 dated 07.07.2011, the petitioner herein filed a second appeal in
S.A(MD).No.1213 of 2011 before this Court and the same is still
pending. In the mean time, the respondents 4 and 5 were tried to
encorach the properties and the third respondent is harassing the
petitioner by insisting to handover the possession to the respondents 4
and 5 herein. Hence, this Petition has been filed.
3.The learned Government Advocate(Crl.side) submitted that the
respondents 4 and 5 also gave a compliant with regard to the criminal
offence committed by the petitioner. Based on the complaint, enquiry is
going on.
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W.P(MD)No.12057 of 2022
4.I have considered the submission of the learned counsel
appearing for the petitioner and the learned Government Advocate
(criminal side) appearing for the respondents 1 to 3.
5.Considering the facts and circumstances of the cases and also
taking into consideration of the submission made by the petitioner, there
shall be a direction to the third respondent to consider the petitioner's
complaint dated 29.05.2022, within a period of one month from the date
of receipt of a copy of this order, under the direct supervision of the
second respondent herein. The third respondent is directed not to threaten
the petitioner to handover the property to the respondents 4 and 5, which
is the subject matter of the second appeal in S.A.(MD).No.1213 of 2011
pending before this Court.
With the above direction, this writ petition is disposed of.
No cost.
16.06.2022
Index :Yes/No
Internet: Yes/No
tta
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12057 of 2022
To
1.The Superintendent of Police,
Tenkasi, Tenkasi District.
2.The Deputy Superintendent of Police,
Puliangudi Sub-Division,
Tenkasi District.
3.The Inspector of Police,
Vasudevanallur Police Station,
Tenkasi District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P(MD)No.12057 of 2022
V.SIVAGNANAM., J
tta
W.P(MD)No.12057 of 2022
16.06.2022
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