Mrs.H.Vijaya v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN H. Vijaya ... Petitioner Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office,

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police,

3. The Inspector of Police, Udumalpet Police Station,

4. The Authorised Officer, Cholamandalam Investment and Finance Compamy Ltd., Dare House.2, NSC Bose Road, Paris Corner, Chennai - 600 001.

5. T. Eswarasamy ... Respondents Prayer : The Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the third respondent to take immediate action on the petitioner complaint dated 1/6

11.08.2022 against the fifth respondent and to evict the fifth respondent from her property with the support of the second respondent and to handover to the petitioner.

For Petitioner : Mr.R.Meenakshi For Respondent : Mr.P.Balathandayutham No.1 Special Government Pleader For Respondent : Mr.A.Gopinath Nos.2 & 3 Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking direction to the third respondent to take appropriate action as against the fifth respondent to evict him from the petitioner's property.

2. The gist of the petitioner's case is that she has purchased a land with house for an extent of 343.74 sq.metres on 19.08.2021 through an auction from the Cholamandalam Investment and Finance Company Limited by paying the full amount of Rs.78,00,000/-. From the date of purchase, the property was in possession and she is title over the property.

3. In the meantime, one Eshwarasamy, the fifth respondent herein who is claiming that he had lent some amount to Maduraiveeran, but he 2/6

had returned the amount. The fifth respondent has threatened the petitioner for the above said property. Hence, the petitioner's son lodged a complaint.

4. Based on the complaint, the Investigating Officer has called the fifth respondent and the petitioner for enquiry. During enquiry, the fifth respondent told that he has filed a case against the earlier owner Mr.Maduraiveeran and his wife Bhuvaneshwari in O.S.No.76/2021 in the City Civil Court, Udumalpet. Immediately, the Investigating Officer of Udumalpet has closed the complaint and stated that to solve this dispute before the court.

5. Later, the petitioner came to know that, the said suit was dismissed on 23.02.2022. Thereafter, the petitioner and her son approached the fifth respondent many times to vacate the property, but, he is refused to vacate the property and threatened her. Hence, once again lodged a complaint before the respondent police against the fifth respondent, but no action has been taken so far. The fourth respondent is a finance institution who sold the property to the petitioner is not ready to help her being a vendor of the property. Hence, the present petition. 3/6

6. Considering the facts and circumstances of the case, the submissions made by both counsel and perused the materials available on records, this Court is of the view that though the said suit was dismissed, the fifth respondent is still in possession and enjoyment of suit property. Now, the petitioner has lodged a complaint for eviction of fifth respondent before the third respondent, the third respondent has no jurisdiction to evict any person. The petitioner instead of approaching the Civil Court for appropriate relief, she has lodged a complaint before the third respondent for evicting the fifth respondent. Therefore, this Writ Petition is devoid of merits.

7. Accordingly, this Writ Petition is dismissed. No costs. 25.02.2025 Vv To

1. The Revenue Divisional Officer, Revenue Divisional Office, 4/6

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police,

3. The Inspector of Police, Udumalpet Police Station,

4. The Authorised Officer, Cholamandalam Investment and Finance Compamy Ltd., Dare House.2, NSC Bose Road, Paris Corner, Chennai - 600 001.

5.The Public Prosecutor, High Court of Madras, Chennai.

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G.K.ILANTHIRAIYAN, J.

Vv 25.02.2025 6/6