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Madras High CourtWP/4614/2017closed

V.Loganathan v. State Of Tamil Nadu,

2017-09-08Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH WP.No.4614 of 2017 V.Loganathan ..Petitioner Vs

1. State of Tamil Nadu rep. By the Collector, Office at Kancheepuram Collector Office, Kancheepuram.

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kancheepuram.

3. The Inspector of Police, Manimangalam Police Station, Sriperumbudur Taluk, Kancheepuram District.

4. The Inspector of Police, C-4, Somangalam Police Station, Sriperumbudur Taluk, Kancheepuram District.

5. The Sub Inspector of Police, C-4, Somangalam Police Station, Sriperumbudur Taluk, Kancheepruam District.

6. V. Naliyappan

7. V. Sreenivasan ..Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India to issue a writ of mandamus directing the respondents 1 to 5 herein to implement the order of peace and tranquility in Crime No. 704 of 2015 in a right perspective way by following Section 107 of Cr.PC in the disputed area namely vacant land admeasuring acre 0.75 cent in Ayan Punjai Survey No. 18/201, Puduper Village, Sriperumbudur, Chengalpattu District by forbearing the 6th & 7th respondents to enter into the above said disputed area except by due process of law.

For Petitioner : M/s.S.Vijay Anand For Respondents For R1 to R5 : Mr.D. Vairamoorthy Special Government Pleader For R6 & R7 : M/s. Saishankar - - - -

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 5 herein to implement the order of peace and tranquility in Crime No. 704 of 2015 in a right perspective way by following Section 107 of Cr.PC in the disputed area namely vacant land admeasuring acre 0.75 cent in Ayan Punjai Survey No. 18/201, Puduper Village, Sriperumbudur, Chengalpattu District by forbearing the 6th & 7th respondents to enter into the above said disputed area except by due process of law.

2. Today, when the matter is called, this Court had clarified that the bond executed under Section 107 Cr.PC proceedings is expired and consequently the proceedings under Section 107 Cr.PC has lapsed. Therefore, the prayer in the present writ petition for a direction to the respondents 6 & 7 to maintain status quo for the purpose of establishing the peace in the subject properties, has become infructuous.

3. Civil suits have been initiated by both the parties and there is criminal complaint is pending in Crime No. 704 of 2015. By an order dated 08.09.2017, Crl.OP. No. 2827 of 2017 came to be disposed with a liberty to the parties to redress their grievance before the civil courts and had also quashed the investigation in Crime No.704 of 2015. Further, the proceedings under Section 107 Cr.PC was also lapsed.

4. In view of the same, the cause of action in the present writ petition filed is ceases to exist. Hence the writ petition stands closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak/arr

To 1 The Collector, Office at Kancheepuram Collector Office, Kancheepuram.

2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kancheepuram.

3. The Inspector of Police, Manimangalam Police Station, Sriperumbudur Taluk, Kancheepuram District.

4. The Inspector of Police, C-4, Somangalam Police Station, Sriperumbudur Taluk, Kancheepuram District.

5. The Sub Inspector of Police, C-4, Somangalam Police Station, Sriperumbudur Taluk, Kancheepruam District.

+1 cc to M/s.S.Saishankar Advocate sr 65771 +1 cc to the Government Pleader sr 65648 W.P.No.4614 of 2017 ariv aa19/09/2017