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Madras High CourtWP/7361/2020disposed of

Tmt. Suguna v. The Superintendent Of Police,

2023-04-26Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.8794 of 2020 Tmt.Suguna ... Petitioner Vs.

1.The Superintendent of Police, Salem District.

2.The Deputy Superintendent of Police, Omalur, Salem District.

3.The Inspector of Police, Omalur Police Station, Salem District.

4.Palanigounder 5.Aarokkiyameri ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 to 4 from interfere with the civil dispute pending between the petitioner and the fifth respondent in respect of the properties situated at Survey Nos. 125/1 - 42 cents, 125/2 - 35 3⁄4 cents, 128/2 - 21 cents, 130/1 - 42 cents, 111/3 - 44 1⁄2 cents and Survey No.109/6 - 47 cents, Kamalapuram Village, Omalur Taluk, Salem District. 1/4

For Petitioner : M/s.Sundarpandian For Respondents : Mr.K.M.D.Muhilan for R1 to R3 Additional Government Pleader M/s.D.Shivakumar for R5 No Appearance for R4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents 1 to 4 from interfering with the civil dispute pending between the petitioner and the fifth respondent in respect of the properties situated at Survey Nos. 125/1 - 42 cents, 125/2 - 35 3⁄4 cents, 128/2 - 21 cents, 130/1 - 42 cents, 111/3 - 44 1⁄2 cents and Survey No.109/6 - 47 cents, Kamalapuram Village, Omalur Taluk, Salem District.

2.The learned counsel appearing for the petitioner submitted that there is civil dispute inbetween the petitioner and the fifth respondent in respect of the subject properties, however, the law enforcing agency is frequently interfering with the petitioner's property.

3.The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that if it is only civil dispute then the 2/4

law enforcing agency will not frequently interfere with the petitioner's property.

4.Recording the submission made by the learned Additional Government Pleader appearing for the respondents 1 to 3, this writ petition stands disposed of with direction to the official respondents not to interfere with the petitioner's property except due process of law. No costs. Consequently, the connected miscellaneous petition is closed.

26.04.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The The Superintendent of Police, Salem District.

2.The Deputy Superintendent of Police, Omalur, Salem District.

3.The Inspector of Police, Omalur Police Station, Salem District.

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M.DHANDAPANI,J.

pri And W.M.P.No.8794 of 2020 26.04.2023 4/4