Madras High Court
M. Sarala vs The Collector on 8 September, 2022
Writ Petition No.31097 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/9/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.31097 of 2014
M. Sarala ... Petitioner
Vs
1. The Collector
Thiruvallur District
Thiruvallur.
2. The Tahsildar
Poonamallee Taluk
Thiruvallur District.
3. The Commissioner of Police – II
Sub-Urban, St. Thomas Mount
Chennai. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of mandamus to direct the respondents to
consider the representation of the petitioner dated 14/8/2014 and take
immediate and necessary action to execute the warrant of delivery of
possession of the property to the petitioner comprising 59 cents in S.No.224/2
Page No:1/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.31097 of 2014
Karakollai Village, Thirunindravur, Poonamallee Taluk, as directed by the
District Court, Poonamallee by order dated 30/4/2009 passed in
E.A.No.339/1986 in E.P.No.290 of 1983 as well by order dated 4/3/2011
passed in E.A.No.56/2011 in E.P.No.290/1983 in O.S.Nos.898/1970 and
900/1970.
For Petitioner ... Mr.K.S.Viswanathan
For respondents ... Mr.S.Ravikumar
Special Government Pleader
-----
ORDER
This writ petition has been filed to direct the respondents to consider the
representation of the petitioner, dated 14/8/2014 and take immediate and
necessary action to execute the warrant of delivery of possession of the
property to the petitioner, comprising 59 cents, in S.No.224/2 Karakollai
Village, Thirunindravur, Poonamallee Taluk, as directed by the District Court,
Poonamallee, by order, dated 30/4/2009, passed in E.A.No.339/1986, in
E.P.No.290 of 1983, as well by order, dated 4/3/2011, passed in
E.A.No.56/2011 in E.P.No.290/1983 in O.S.Nos.898/1970 and 900/1970.
Page No:2/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.31097 of 2014
2. Heard Mr.K.S.Viswanathan, learned counsel for the petitioner and
Mr.S.Ravikumar, learned Special Government Pleader for the respondents.
3. It is the contention of the learned counsel for the petitioner that the
petitioner is a decree holder, in O.S.No.898 of 1970 and execution petition has
been filed to enforce the degree and several applications were filed for
obstruction, which were dismissed. Whenever the execution Court ordered for
delivery, the same was resisted by the private respondents. On 4/3/2011,
execution Court has passed an order, directing the Tahsildar, Taluk Deputy
Surveyors and Surveyor to assist the execution of warrant and the Collector of
Thiruvallur, to direct the subordinates to survey the suit property and the
Commissioner of Police shall direct the subordinates to assist the bailiff to
execute the warrant, without any further delay. Learned counsel appearing for
the petitioner further submitted that most of the third parties are judgment
debtors and others are claiming right through the judgment debtor.
4. When there is a competent Civil Court decree, it is the bounden duty
of the State, to provide necessary Police protection to execute the decree.
Merely because the people gather and threatened the officials, the authorities
Page No:3/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.31097 of 2014
cannot shirk their responsibility. When the rights of the parties have been
finally determined and adjudicated by the Court, the same cannot be defeated
by any public and the respondents cannot be a mute spectators. They are bound
to render all assistance and to give protection.
5. Accordingly, the respondents are directed to give necessary Police
protection, while executing the warrant and also the Tahsildar and Collector of
Thiruvallur Districtare directed to depute necessary surveyors to demarcate the
property, within a period of two months from today.
6. With the above direction, this writ petition is disposed of. No costs.
8/9/2022
Index : Yes / No
Internet: Yes
Speaking/non speaking order
mvs.
Page No:4/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.31097 of 2014
To
1. The Collector
Thiruvallur District
Thiruvallur.
2. The Tahsildar
Poonamallee Taluk
Thiruvallur District.
3. The Commissioner of Police – II
Sub-Urban, St. Thomas Mount
Chennai.
Page No:5/6
https://www.mhc.tn.gov.in/judis
Writ Petition No.31097 of 2014
N. SATHISH KUMAR, J
mvs.
W.P.No.31097 of 2014
8/9/2022
Page No:6/6
https://www.mhc.tn.gov.in/judis
