D.Vengadesan vs The Deputy Collector (Revenue) South
2024 Latest Caselaw 8474 Mad

Madras High Court

D.Vengadesan vs The Deputy Collector (Revenue) South on 4 June, 2024

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                  WP.No.12627 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.06.2024

                                                     CORAM

                             THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                              WP.No.12627 of 2024
                                           and W.M.P.No.13787 of 2024

                  D.Vengadesan                                                        .. Petitioner

                                                       Versus

                  1.The Deputy Collector (Revenue) South
                  O/o. The Deputy Collector (Revenue) South
                  Villianur, Puducherry – 605 110

                  2.The Tahsildar
                  O/o. The Bahour Tahsildar
                  Bahour, Puducherry – 607 402

                  3.The Station House Officer
                  Mangaam Police Station
                  Magalam, Puducherry – 605 110

                  4.D.Thulasinathan                                                .. Respondents

                  Prayer: Writ Petition is filed under Article 226 of the Constitution of India
                  praying to issue a Writ of Mandamus, directing the 3rd respondent herein to
                  take appropriate action against the 4th respondent for violating the order of the
                  Sub Divisional Magistrate (South) at Villianur passed in M.S.No.294/2022 I.R.
                  No.45 of 2022 U/s.145 of Cr.P.C. within the stipulated time framed by this
                  Honourable Court and consequently direct the respondents 2 and 3 shall
                  ensure that the possession and enjoyment of the property as directed by the
                  Sub Divisional Magistrate (South) at Villianur should not be disturbed or
                  interfered by the 4th respondent to the petitioner.

https://www.mhc.tn.gov.in/judis


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                                                                                     WP.No.12627 of 2024

                                  For Petitioner    : Mr.S.Vijayakumar

                                  For Respondent    : Mr.M.Nirmal Kumar for R1 to R3
                                                      Government Advocate (Pondy)

                                                         ORDER

This writ petition is filed for a direction to the 3rd respondent to take

appropriate action against the 4th respondent for violating the order of the Sub

Divisional Magistrate (South) at Villianur passed in M.S.No.294/2022 I.R.

No.45 of 2022 U/s.145 of Cr.P.C. and consequently direct the respondents 2

and 3 to ensure that the possession and enjoyment of the property as directed

by the Sub Divisional Magistrate (South) at Villianur should not be disturbed

or interfered by the 4th respondent to the petitioner.

2. Heard both sides and perused the materials available on record.

3. By consent of both parties, this writ petition is taken up for final

disposal at the admission stage itself.

4. On perusal of the affidavit, it appears that the petitioner has already

obtained a decree and judgment in her favour in O.S.No.1803 of 2018 dated

08.10.2023. Such view of the matter, when the decree and judgment is in

favour of the petitioner, if there is a violation against the judgment and decree, https://www.mhc.tn.gov.in/judis

it is for the petitioner to execute the decree and judgement for punishing the

private respondent. Therefore, seeking a direction from this Court to

implement the orders of the RDO does not arise at all.

5. Accordingly, this writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petition stands closed. It is for the

petitioner to execute the judgment and decree as against the judgment debtor

for any violation of the order of the Court.

                                                                                     04.06.2024

                  dhk
                  Index                 :Yes/No
                  Internet              :Yes/No
                  Neutral Citation      : Yes/No

                  To,

1.The Deputy Collector (Revenue) South O/o. The Deputy Collector (Revenue) South Villianur, Puducherry – 605 110

2.The Tahsildar O/o. The Bahour Tahsildar Bahour, Puducherry – 607 402

3.The Station House Officer Mangaam Police Station Magalam, Puducherry – 605 110

https://www.mhc.tn.gov.in/judis

N. SATHISH KUMAR, J.

dhk

04.06.2024

https://www.mhc.tn.gov.in/judis