Ganesan vs The Superintendent Of Police
2024 Latest Caselaw 21336 Mad

Madras High Court

Ganesan vs The Superintendent Of Police on 8 November, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                           W.P.(MD).No.12776 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 08.11.2024

                                                       CORAM:

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD).No.12776 of 2023
                                                        and
                                     W.M.P.(MD).Nos.10780, 10781 & 10783 of 2023
                     Ganesan                                             ...Petitioner
                                                         Vs.

                     1.The Superintendent of Police,
                       Pudukkottai District,
                       Pudukkottai.

                     2.The Additional Superintendent of Police,
                       Pudukkottai District, Pudukkottai.

                     3.The Inspector of Police,
                       Aranthangi Police Station,
                       Aranthangi,
                       Pudukkottai District.

                     4.The Tahsildar,
                       Aranthangi Taluk,
                       Aranthangi,
                       Pudukkottai District.

                     5.Sariyalammai                                             ... Respondents
                     Prayer: Writ petition filed under Article 226 of the Constitution of India,
                     for the issuance of Writ of Certiorarified Mandamus,calling for the
                     records relating to impugned proceedings of the second respondent in
                     Na.Ka.No.L-2/45418/ 343/2022 dated 12.11.2022 quash the same and
                     consequently direct the respondents to remove the fencing made in
https://www.mhc.tn.gov.in/judis

                     1/4
                                                                               W.P.(MD).No.12776 of 2023


                     Survey Nos. 36/7B, 36/7C1, 36/7C2, 36/7C3 situated at Kayakadu
                     Village, Aranthangi Taluk, Pudukkottai District under the strength of
                     Impugned order.


                                        For Petitioner      : Mr.R.Prasanna

                                        For R-1 to R-4      : Mr.A.Albert James,
                                                              Government Advocate
                                                             (Criminal Side)

                                        For R-5             : Mr.M.Suresh



                                                         ORDER

This Writ Petition has been filed challenging the impugned

proceedings of the second respondent dated 12.11.2022 and for a

consequential direction to the respondents to remove the fencing that has

been put up around the subject property.

2. When the matter was taken up for hearing today, it was brought

to the notice of this Court that the fifth respondent had filed a suit against

the petitioner and his wife in O.S.No.41 of 2009 before the learned

District Munsif, Aranthangi, seeking for the relief of permanent

injunction. The suit was decreed by the judgment and decree dated

04.12.2017. The appeal filed by the petitioner was also dismissed and

the decree passed by the trial Court was confirmed. Thereafter, a Second https://www.mhc.tn.gov.in/judis

Appeal has been filed by the petitioner and the same is now pending in

S.A.(MD).No.233 of 2020 before this Court.

3. In the light of the above development, no further orders can be

passed in this Writ Petition and accordingly, the same stands closed. No

costs. Consequently, connected miscellaneous petitions are closed.

08.11.2024 Index :Yes/No Internet : Yes/No TSG To

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Additional Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukkottai District.

4.The Tahsildar, Aranthangi Taluk, Aranthangi, Pudukkottai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

N.ANAND VENKATESH.J.,

TSG

Order made in

Dated :

08.11.2024

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