Madras High Court
Kannammal vs The State Rep. By The Secretary To ... on 26 October, 2022
WP.No.36170 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.36170 of 2015 &
M.P.Nos.1 & 2 of 2015
Kannammal ...Petitioner
... Vs ...
1. The State Rep. by The Secretary to Government,
Government of Tamilnadu, Home Department,
Fort St. George, Chennai – 600 009.
2. The Director General of Police,
Opp. To Light House, Dr.Radhakrishnan Salai,
Mylapore, Chennai.
3. The District Collector,
Villupuram District, Villupuram.
4. The Superintendent of Police,
Villupuram District, Villupuram.
5. Mr.Sowlesh,
The Inspector of Police,
Dindivanam Police Station,
Dindivanam, Villupuram District.
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https://www.mhc.tn.gov.in/judis
WP.No.36170 of 2015
6. Mr.Maruthappan,
Sub Inspector of Police,
Olakkoor Police Station,
Dindivanam, Villupuram, District.
7. Mr.Murugan
8. Mr.Krishnan ...Respondents
Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to
issue Writ of Mandamus to direct the second respondent herein to take
action against the respondents 5 to 6 and to forbearing the respondents 5 to
6 from preventing the petitioner from entering her property in Survey
No.15/6-B for an extent of 0.31.0 Ares in resurvey number 15/6, in Old
Survey number 15/8A, in patta number 73, Nangunam Village, Tindivanam
Taluk, Vullupuram District and also direct the respondents to provide
compensation for a sum of Rs.5,00,000/- [Five lakhs] as a damages to the
petitioner, towards the damages caused to the petitioner due to the inaction
on the part of the respondents number 4 to 6 particularly the respondent
number six, damaging the petitioner's motor pump set, electricity meter
board, pipe line, wiring, crops etc., contrary to the judgment and decree in
O.S.No.71 of 2008 on the file of the District Munsif Court, Tindivanam.
For Petitioner : Mr.S.Kingson Jerold
For Respondents : Ms.Rajarajeshwari
Government Advocate – R1, R2 & R4
Mr.R.Sathish,
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WP.No.36170 of 2015
Additional Government Pleader – R3
No appearance – R5, R7 & R8
R6 – Not ready in notice
ORDER
This Writ Petition has been filed to direct the second respondent herein
to take action against the respondents 5 to 6 and to forebear the respondents
5 to 6 from preventing the petitioner from entering her property and also
direct the respondents to provide compensation for a sum of Rs.5,00,000/-
[Rupees Five lakhs only] as damages to the petitioner, towards the damages
caused to the petitioner due to the inaction on the part of the respondents
number 4 to 6 particularly the respondent number six, damaging the
petitioner's motor pump set, electricity meter board, pipe line, wiring, crops
etc., contrary to the judgment and decree in O.S.No.71 of 2008 on the file of
the District Munsif Court, Tindivanam.
2. It is the contention of the petitioner that he is in possession to an
extent of 0.31.0 Ares in Survey Nos. 15/6-B &15/8A in patta No.73
Nangunam Village and he has also filed a suit for declaration in O.S.No.71
of 2008 and despite the decree and judgment, the seventh and eighth
https://www.mhc.tn.gov.in/judis
WP.No.36170 of 2015
respondents are trying to interfere with his possession. Therefore, he has
preferred a complaint with the fourth respondent. However, no action has
been taken on the complaint preferred by the petitioner. Hence, this Writ
Petition.
3. At the outset, this Court is of the view that when the writ petitioner
has obtained a decree for declaration and injunction, if there is any violation
of such decree, the decree can be enforced in the Civil Court and the
violators can be brought under law. Therefore, there cannot be any direction
to take action on the basis of the representation given by the petitioner. It is
well open to the petitioner to execute the decree in the manner known to law
against the violators.
4. Accordingly, this Writ Petition is dismissed. Consequently,
connected miscellaneous petitions are closed. No costs.
26.10.2022
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To,
https://www.mhc.tn.gov.in/judis
WP.No.36170 of 2015
1. The State Rep. by The Secretary to Government,
Government of Tamilnadu, Home Department,
Fort St. George, Chennai – 600 009.
2. The Director General of Police,
Opp. To Light House, Dr.Radhakrishnan Salai,
Mylapore, Chennai.
3. The District Collector,
Villupuram District, Villupuram.
4. The Superintendent of Police,
Villupuram District, Villupuram.
5. Mr.Sowlesh,
The Inspector of Police,
Dindivanam Police Station,
Dindivanam, Villupuram District.
6. Mr.Maruthappan,
Sub Inspector of Police,
Olakkoor Police Station,
Dindivanam, Villupuram, District.
https://www.mhc.tn.gov.in/judis
WP.No.36170 of 2015
N.SATHISH KUMAR, J.
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WP.No.36170 of 2015
26.10.2022
https://www.mhc.tn.gov.in/judis
