Madras High CourtWP/4400/2023disposed of

H.Ravi v. The District Superintendent Of Police

2023-02-15Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P. No.4400 of 2023 H.Ravi ... Petitioner Vs.

1.The District Superintendent of Police, Krishnagiri - 635 115.

2.The Deputy Superintendent of Police, Hosur - 635 109, Krishnagiri District.

3.The Inspector of Police, Sipcot Police Station, Hosur Taluk, Krishnagiri District.

4.L.Munikrishna 5.M.Muniswamy

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, to direct the 3rd respondent not to interfere with the civil rights pertaining to my property bearing Old S.No.339 part, New S.No.758/33 measuring to an extent of 73.2 sq.mt., situated at Susuvadi Village, Hosur Taluk, Krishnagiri District by

considering petitioner's representation dated 18.01.2023 within a stipulated period.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.S.Santhosh (For R1 to R3) Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to direct the 3rd respondent not to interfere with the civil rights pertaining to his property bearing Old S.No.339 part, New S.No.758/33 measuring to an extent of 73.2 sq.mt., situated at Susuvadi Village, Hosur Taluk, Krishnagiri District by considering petitioner's representation dated 18.01.2023 within a stipulated period 2.The learned counsel for the petitioner submitted that petitioner filed a suit in O.S.No.16 of 2020 on the file of District Munsif Court, Hosur, seeking permanent injunction to protect his possession from respondents 4 and 5. However, during the pendency of the civil suit, at the instance of respondents 4 and 5, the third respondent is threatening the petitioner to handover possession to respondents 4 and 5. Therefore, this petition.

3.The learned Government Advocate (Criminal side) for the respondents 1 to 3 submitted that respondent Police are not interfering with the civil dispute between the petitioner and respondents 4 and 5. 4.In the light of the submissions made by the learned counsel appearing for the parties, when there is a civil case pending in O.S.No.16 of 2020 on the file of the District Munsif Court, Hosur, in respect of the property in Survey No.758/33 measuring 73.2 sqmts, Susuvadi village, Hosur, Krishnagiri District, this Court directs the respondents 1 to 3 not to interfere with the pending civil dispute and the civil rights of the petitioner. 5.With the above direction, this Writ Petition is disposed of. No costs. 15.02.2023 ep Index :Yes/No Internet:Yes/No To 1.The District Superintendent of Police, Krishnagiri - 635 115.

2.The Deputy Superintendent of Police,

Hosur - 635 109, Krishnagiri District.

3.The Inspector of Police, Sipcot Police Station, Hosur Taluk, Krishnagiri District.

G.CHANDRASEKHARAN, J.

ep W.P. No.4400 of 2023

15.02.2023