Madras High CourtWP/8342/2017disposed of

K.Anandan v. The Revenue Divisional Officer

2017-04-10Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.8342 of 2017 K.Anandan ... Petitioner Vs.

1.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Chengalpattu, Kanchipuram District.

2.The Block Development Officer, O/o.The Block Development Officer, Thiruporur, Kanchipuram District.

3.The District Superintendent of Police, (Land Grabbing Wing) Kanchipuram, Kanchipuram District.

4.The Deputy Superintendent of Police, Mahabalipuram, Kanchipuram District.

5.The Inspector of Police, Thalampur Police Station, Kanchipuram District.

6.The Sub Inspector of Police, Thalampur Police Station, Kanchipuram District.

7.The Manager, The Management of REPCO Bank, Tambaram Branch, Tambaram, Chennai.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondents 3 to 6 to consider the petitioner's representation dated 14.11.2016 and to take necessary legal action.

For Petitioner :

Mr.V.K.Elango For Respondents :

Mr.K.Balamurguan, GA

ORDER

The prayer made in the writ petition is to issue a Writ of Mandamus, directing the respondents 3 to 6 to consider the petitioner's representation dated 14.11.2016 and to take necessary legal action.

2. It is the case of the petitioner that as against one Devanesan and others, he has filed a suit in O.S.No.217 of 2015 before the Additional Sub Court, Chengalpattu for recovery of his property and the same is pending. While so, on 14.09.2016, the said Devanesan and two others have created unwanted problems, so as to force the petitioner to withdraw the civil case. Hence, he has lodged a complaint on 18.09.2016 with the fifth respondent and the same is pending. Even thereafter, the said Devanesan and others have created problems to the petitioner by illegally occupying his septic tank, digging a tank nearby his house and filling up drainage water, which compelled him to submit a representation dated 14.11.2016 to all the official respondents. Finding no response on his representation, the petitioner has come up with the present writ petition for the above stated relief.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who took notice for the respondents 1 to 6.

4. Considering the nature of the issue involved herein, this Court directs the respondent police to call upon the petitioner and others to conduct enquiry. Since the dispute between them is civil in nature, the respondent police shall advice them to approach the competent Civil Court for appropriate relief. If there is any violation of law by either of the parties, it is open to the respondent police to proceed with the same as per law.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rk

To 1.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Chengalpattu, Kanchipuram District.