Madras High CourtWP/16873/2015disposed of

Smt.V.Geetha v. The Divisional Executive

2015-08-04Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2015

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.16873 of 2015 and M.P.Nos.1 and 2 of 2015 V.Geetha .. Petitioner Vs.

1.The Divisional Executive Magistrate/ The Revenue Divisional Officer, Erode.

2.The Circle Inspector of Police, Thingallur Police Station, Erode District.

.. Respondents Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to grant necessary police protection for administration of the Madam, to carry on the daily rituals at the Madam till the disposal of the civil suits filed in the three renumbered suits in O.S.Nos.392/2012, 90/2013 and 482/2013 on the file of the I Additional Subordinate Judge, Perundurai. For Petitioner :

Ms.G.Thilakavathi For Respondents :

Mr.S. Diwakar, Addl. Govt. Pleader

ORDER

The petitioner, who is said to be having an interim order in her favour, as confirmed by this Court, has come forward to file this writ petition, seeking to implement the same. 2.The learned counsel appearing for the petitioner would submit that the third parties, who are interfering with the rights of the petitioner, failed in getting interim orders in the suits filed by them as against the petitioner. The interim order granted in favour of the petitioner is still in force.

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3.To execute the interim order granted by the Court, which was granted after hearing both sides and which has become final between them and for violation by the other party, the party can seek remedy before the very same civil Court, which has granted it, instead of seeking to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

4.In such view of the matter, the writ petition stands disposed of, giving liberty to the petitioner to file an appropriate application before the jurisdictional civil Court, which has granted the interim order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar mmi To 1.The Divisional Executive Magistrate/ The Revenue Divisional Officer, Erode.

2.The Circle Inspector of Police, Thingallur Police Station, Erode District.

1 cc to Ms.G.Thilakavathi, Advocate Sr.No.40272 1 cc to Government Pleader.Sr.No.40419 W.P.No.16873 of 2015 vd(co) pmk.17.8.2015 https://hcservices.ecourts.gov.in/hcservices/