Madras High Court
Mayilraj vs The Inspector Of Police on 2 March, 2022
W.P(MD)No.14856 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.14856 of 2020
Mayilraj ... Petitioner
vs.
1.The Inspector of Police,
Achanpudur Police Station,
Sencottai Taluk,
Tenkasi District.
2.The Sub Inspector of Police,
Sambavarvadakarai Police Station,
Kadayanallur Taluk,
Tenkasi District.
3.Venkatesh ... Respondents
Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, forbearing the 1st respondent from
interfering in the civil dispute and harassing the Hindu Nadar
Uravinmurai Community people in the matter of civil dispute pending
in the Sub Court of Tenkasi, in an east west wall existing between the
Beedi Labour Shop in S.No.757/1 and Milk Dairy farm of Yadhava
Community people in S.No.757/2 in Sambavarvadakarai Village in
Tenkasi District.
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W.P(MD)No.14856 of 2020
For Petitioner : Mr.F.X.Eugene
For R1 & R2 : Mr.T.Senthil Kumar
Additional Public Prosecutor
For R3 : Mr.S.Meenakshi Sundaram,
Senior Counsel for
Mr.M.Sengu Vijay
ORDER
The writ petition has been filed for issuance of a Writ of
Mandamus, forbearing the 1st respondent from interfering in the civil
dispute and harassing the Hindu Nadar Uravinmurai Community people
in the matter of civil dispute pending in the Sub Court of Tenkasi, in an
east west wall existing between the Beedi Labour Shop in S.No.757/1
and Milk Dairy farm of Yadhava Community people in S.No.757/2 in
Sambavarvadakarai Village in Tenkasi District.
2. It is the case of the petitioner that on the southern side of
the property in S.No.757/1, there are small properties comprised in
S.No.757/2 of Yadhavar community people including the 3rd
respondent. The dispute between two groups is relating to a common
wall. According to the petitioner, now the 1st respondent in support of
the 3rd respondent group, is interfering with the civil dispute pending
between the parties. Therefore, his contention is that the Police have
no right to interfere in the civil dispute.
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W.P(MD)No.14856 of 2020
3. Whereas, the learned Senior Counsel appearing for the 3rd
respondent would submit that the petitioner's community has filed a
suit in O.S.No.19/2008 before the District Munsif Court, Shencottai,
seeking declaration that the said wall belongs to them exclusively and
for consequential reliefs. The Civil Court by judgment dated
28.06.2013, had dismissed the suit, holding that the wall is a common
wall, against which, appeal was also filed with the delay of 2000 days.
The delay application has been dismissed, as such, the matter has
reached finality. Now, the 3rd respondent has began to put up some
construction immediately on the southern side of the said common wall
in S.No.757/2, in respect of which, the petitioner has again filed
another suit in O.S.No.65 of 2020 before the District Munsif Court,
Shencottai, seeking permanent injunction forbearing the 3rd
respondent's community from interfering with the possession and
enjoyment of the property covered in S.No.757/2. Therefore, the
learned Senior Counsel submits that having lost the civil suit, now to
get over the judgment and decree passed in O.S.No.19/2008, the
petitioner has filed this writ petition.
4. I perused the Commissioner report and plan which clearly
show the nature and extent of the property held by both the groups.
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W.P(MD)No.14856 of 2020
It is not in dispute that S.No.757/1 is the property belonged to the
petitioner's community people and the property in S.No.757/2 is
belonged to the 3rd respondent community people. In between the two
properties, there appears to have been a common wall which was the
subject matter of the suit in O.S.No.19/2008. Perusal of the judgment
passed by the trial Court in the above suit shows that at paragraph 9
of the judgment, the trial Court has clearly recorded the admission of
PW1 to the effect that M/s.Sri Krishna Dairy Farm was running in the
disputed place 40 years ago, in which both community people were
participating and based on the said evidence, the suit has been
dismissed. Now it appears that the appeal field with the condone delay
petition, has also been dismissed. Therefore, the judgment passed in
O.S.No.19/2005 has attained finality.
5. Now, another suit in O.S.No.65/2020 is also filed by the
petitioner's community seeking permanent injunction in respect of
S.No.757/2, which is not in dispute by both sides. Perusal of the copy
of the plaint in O.S.No.65/2020 shows that the same relates to S.No.
757/2 which is the southern side of the property of the petitioner's
community people.
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W.P(MD)No.14856 of 2020
6. Such being the matter, when there is a serious law and
order problem, deviating the decree and judgment of the Civil Court in
O.S.No.19/2008, it cannot be said that the Police have no power at all
in all eventualities. Whenever there is an offence is reported or any
untoward incident which may lead to cognizable offence, the Police will
normally step into either to arrest or prevent such incident. Therefore,
a blanket order restraining the Police not to interfere in such matters,
cannot be granted. The Police can act on the basis of the nature of the
incident and seriousness of the consequences etc. Therefore, having
regard to the nature of the dispute between the petitioner and the 3rd
respondent and the judgment passed in O.S.No.19/2008, this Court is
of the view that such a blanket direction sought for by the petitioner,
cannot be issued.
7. Accordingly, this Writ Petition is dismissed. No costs.
02.03.2022
Index : Yes / No
bala
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W.P(MD)No.14856 of 2020
To
1.The Inspector of Police,
Achanpudur Police Station,
Sencottai Taluk,
Tenkasi District.
2.The Sub Inspector of Police,
Sambavarvadakarai Police Station,
Kadayanallur Taluk,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P(MD)No.14856 of 2020
N.SATHISH KUMAR, J.
bala
ORDER MADE IN
W.P(MD)No.14856 of 2020
DATED : 02.03.2022
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