Deepa v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.9594 of 2024 Deepa ... Petitioner Vs.
1.
The Director General of Police, Tamil Nadu Circle.
The District Collector, 3.
The Superintendent of Police, Salem District, Salem.
The Deputy Superintendent of Police, Mettur Sub Division, Metturdam - 1.
5.
The Inspector of Police, Mecheri Police Station, 6.
The Executive Officer, Special Grand Town Panchayat, ... Respondents Page No.1 of 5
Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the respondents to remove the obstruction made by the fourth to sixth respondents in the common pathway in S.No. 731 which is disputed in the pending civil suit in O.S.No. 11 of 2023.
For Petitioner : Mr.M.Arun For R1, R3 to R5 : Mr.S.Vinothkumar Government Advocate For R2 : Mr.N.Naveenkumar Government Advocate For R6 : Mr.M.Rajendiran Additional Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the respondents to remove the obstruction made by the fourth to sixth respondents in the common pathway in S.No. 731, which is disputed in the pending civil suit in O.S.No. 11 of 2023.
Mr.S.Vinothkumar, the learned Government Advocate appearing on behalf of the respondents 1 and 3 to 5 would submit that a civil dispute between the parties are pending and the said Suit has been instituted in Page No.2 of 5
O.S.No.11 of 2023.
3.
In respect of the Government lands, the Authorities are empowered to initiate action to remove the encroachments. The claim of the petitioner is of civil nature. Therefore, the petitioner is at liberty to resolve the issues in the pending suit in O.S.No.11 of 2023 or in the manner known to law.
With this liberty, the Writ Petition stands dismissed at the admission stage itself. No costs.
08.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Director General of Police, Tamil Nadu Circle.
The District Collector, 3.
The Superintendent of Police, Salem District, Salem.
Page No.3 of 5
The Deputy Superintendent of Police, Mettur Sub Division, Metturdam - 1.
5.
The Inspector of Police, Mecheri Police Station, 6.
The Executive Officer, Special Grade Town Panchayat, Page No.4 of 5
S.M.SUBRAMANIAM,J.
veda W.P. No.9594 of 2024 08.04.2024 Page No.5 of 5