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Madras High CourtWP/9670/2025disposed of

Manimegalai v. The Superintendent Of Police

2025-03-19Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.10852 of 2025 Manimegalai ... Petitioner -Vs1. The Superintendent of Police, Chengalpattu District, Chengalpattu.

2. The State of Tamil Nadu, Rep. By The Inspector of Police, Madhurantakam, Chengalpattu District.

3. The Tahsildar, Office of The Tahsildar, Madhurantakam, Chengalpattu District.

4. A.Rajeshwari

5. R.Ambi

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the Respondents 2 and 3 from interfering with the civil dispute between the petitioner and the Respondents 4 and 5 in respect of the residential house of the petitioner bearing Door No.1, First street, No.165, Devadoor Village, Veeranakunnam post, Madhurantakam Taluk, Chengalpattu District, in Survey No.116/31, in Block

No.39, measuring 132 square meter, based on the Memorandum of the Additional Director General of Police, Mylapore, Chennai- 600 004 dated 09.01.2024 in Memorandum C.No.18/ADGP / L and O/ Camp / 2024. For Petitioner : Mr.K.Selvaraj For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side) For R3 : Mr.P.Balathandayutham Special Government Pleader O RDER This Writ Petition has been filed forbearing the Respondents 2 and 3 from interfering with the civil dispute between the petitioner and the Respondents 4 and 5 in respect of the residential house of the petitioner bearing Door No.1, First street, No.165, Devadoor Village, Veeranakunnam post, Madhurantakam Taluk, Chengalpattu District, in Survey No.116/31, in Block No.39, measuring 132 square meter, based on the Memorandum of the Additional Director General of Police, Mylapore, Chennai- 600 004 dated 09.01.2024 in Memorandum C.No.18/ADGP / L and O/ Camp / 2024.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first and second respondents and the learned Special Government Pleader for the third respondent and perused the materials available on record.

3. It is seen that there is a dispute pending between the petitioner and the respondents 4 and 5 herein. Even then, on the complaint lodged by the fourth respondent, the second respondent interfered with the petitioner's possession and enjoyment of the subject property comprised in Survey No.116/31, in Block No.39, measuring 132 square meter situated at Door No.1, First street, No.165, Devadoor Village, Veeranakunnam post, Madhurantakam Taluk, Chengalpattu District.

4. On instructions, the learned Government Advocate (Crl.side) appearing for the first and second respondents would submit that on the complaint lodged by the fourth respondent, the enquiry is pending on the file of the second respondent.

5. In view of the above, the second respondent is directed not to interfere with the civil dispute pending between the petitioner and the respondents 4 and 5 herein. At the same time, on the complaint lodged by the fourth respondent, if any cognizable offence is made out, the second respondent is at liberty to proceed in accordance with law.

6. With the above directions, this writ petition stands disposed of.

Consequently, connected Miscellaneous petition is closed. No costs. 19.03.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Superintendent of Police, Chengalpattu District, Chengalpattu.

2. The State of Tamil Nadu, Rep. By The Inspector of Police, Madhurantakam, Chengalpattu District.

3. The Tahsildar, Office of The Tahsildar, Madhurantakam, Chengalpattu District.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 19.03.2025