Smt. Mary Soloman v. The State Of Telangana

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.16388 of 2016 ORDER :

Heard the learned counsel for the petitioner and the learned Government Pleader for Home.

The grievance of the petitioner is that he has filed O.S.No.179 of 2015 for a perpetual injunction against Respondent Nos.4 to 6 before the Additional Junior Civil Judge, Malkajgiri and in the said suit in I.A.No.769 of 2015 an adinterim injunction was granted on 09-07-2015 and subsequently the said injunction was made absolute by order dated 27-112015. In spite of the said order, the Respondent No.4 had damaged the compound wall of petitioner's property in the first week of May, 2016 in violation of the injunction order and therefore, the petitioner approached the Respondent No.3, who is S.H.O., Malkajgiri Police Station and filed a complaint, but they did not take any action on the premise that unless specific order is there from the Court, they cannot take any action.

Hence, the petitioner prays that a direction may be issued to Respondent Nos.1 to 3 to implement the order of injunction. The learned Government Pleader for Home obtained written instructions from the Sub-Inspector of Police, Malkajgiri Police Station and submitted that the Police have registered a case in crime No.282 of 2016 under Sections 447 and 427 I.P.C. of Malkajgiri Police Station and took up the investigation.

In the circumstances, the Writ Petition is disposed of directing the 3rd Respondent to continue the investigation to its logical end at the earliest. No order as to costs.

Consequently, Miscellaneous Petitions pending, if any, in the Writ petition shall stand closed.

_________________________ U.DURGA PRASAD RAO, J.

19th May, 2016 skmr