Madras High Court
S.Mohamed Abdullah Sait vs The State Of Tamil Nadu on 12 September, 2022
W.P.(MD)No.8643 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :12.09.2022
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.8643 of 2013
and M.P(MD).No.1 of 2013
S.Mohamed Abdullah Sait ... Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by the Home Secretary,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
2.Balakrishnan
The Superintendent of Police,
Madurai-Rural,
Madurai-625 007.
3.Balamurugan
The Inspector of Police,
Karupayoorani Police Station,
Madurai-625 020.
4.Ravi
The Special Sub-Inspector of Police,
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W.P.(MD)No.8643 of 2013
Silaiman, Police Station,
Madurai-625 201.
5.Senthil Kumar,
Police Constable,
Silaiman Police Station,
Madurai-625 201.
6.T.M.V.N.Sahasranamam ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents 2 to 5
not to enter and evict the petitioner by force or any illegal means or method
from the land as cultivating tenant consisting of 2.42 hectare in Survey No.
3/2 in patta No.80 in Silaiman Village, Madurai except by way of due
process of law and not to threaten him by force of all means to withdraw his
Appeals A.S.No.1 of 2013, A.S.No.2 of 2013 and A.S.No.3 of 2013 pending
on the file of the District and Sessions Court, Madurai against the orders of
the III Additional Sub-Court, Madurai and consequentially direct the
respondent No.1 to conduct an enquiry and initiate necessary action against
the respondents 2 to 5 in accordance with law.
For Petitioner : Mr.Rupert J.Barnabas
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
for R1
Mr.M.Rajaraman for R6
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W.P.(MD)No.8643 of 2013
ORDER
This Writ Petition was filed for the issue of writ of Mandamus
directing the respondent Police not to interfere with the possession and
enjoyment of the petitioner in the subject property, more particularly, since
the civil litigation was pending between the petitioner and the sixth
respondent.
2. When the matter was taken up for hearing, the learned
Additional Public Prosecutor, on instructions, submitted that the petitioner
succeeded right through and the second appeals that were filed by the sixth
respondent in S.A(MD).Nos.836 to 838 of 2013, came to be dismissed by a
common judgment dated 22.04.2016. In view of the same, the learned
Additional Public Prosecutor submitted that the respondent Police will not
interfere with the civil dispute between the parties.
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W.P.(MD)No.8643 of 2013
3. Recording the submission made by the learned Additional
Public Prosecutor, this Writ Petition is closed. No costs. Consequently,
connected miscellaneous petition is closed.
12.09.2022
Index : Yes / No
Speaking Order : Yes / No
ssb
To
1.The State of Tamil Nadu,
Represented by the Home Secretary,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
2.The Superintendent of Police,
Madurai-Rural,
Madurai-625 007.
3.The Inspector of Police,
Karupayoorani Police Station,
Madurai-625 020.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8643 of 2013
4.The Special Sub-Inspector of Police,
Silaiman, Police Station,
Madurai-625 201.
5.Police Constable,
Silaiman Police Station,
Madurai-625 201.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8643 of 2013
N.ANAND VENKATESH, J.
ssb
W.P.(MD)No.8643 of 2013
12.09.2022
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https://www.mhc.tn.gov.in/judis
