Anusuya Ramani Boopathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8463 of 2020 in W.M.P.No.10199 of 2020 Anusuya Ramani Boopathy W/o. Ramani Boopathy No.14, Kalpana Residency, 4th Cross 2nd street, Rainbow Nagar, Pondicherry.

Rep.by her Power agent R.Poopathy

...Petitioner

Vs.

1. The District Collector-cum-District Magistrate, O/o. The Collectorate, Pettaiyanchaittram, Pondicherry.

2. The Sub Divisional Magistrate, Villianur, Pondicherry.

3. Sundaramoorthy, S/o. Vinayagam, No.21, I Block, Housing Board, Mudaliarpet, Puducherry.

4. Shanmugam, S/o. RathinavelCounder, South Street, Mangalam, Villianur Commune, Pondicherry.

...Respondents

Prayer: Writ Petition filed under Section 226 of the Constitution of India in the nature of Writ of Mandamus, to directing the respondents 1 and 2 to consider the representation of the petitioner dated 08.05.2020, and take appropriate action, over the illegal trespass made by the respondents 3 and 4 in the petitioners property situated in Pondicherry R.D. Villianur sub R.D. VIllianur commune Panchayat Village No.32, Villianur Revenue Village, Nanjai Land Survey No.99/8, Cadaster No.149/1/12 measuring extent of 23 Ares of 43 Kuzhies, Boundaries West of Velu Naicker's Land, East and South Poromboke Lands; North of Sundaramoorthy's Land.

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For Petitioner : Mr. S. Balavijayan For Respondents : Mr.V.Balamurugan Additional Public Prosecutor(P1)

O R D E R

This writ petition has been filed to direct the respondents 1 & 2 to consider the representation of the petitioner dated 08.05.2020, and take appropriate action, over the illegal trespass made by the respondents 3 & 4.

2. It is seen that there was a civil dispute between the petitioner and the respondents 3 & 4 and in this regard the petitioner gave representation dated 08.05.2020, to the respondents 1 & 2 to take action against the respondents 3 & 4. However, the police cannot interfere in this case, unless, a specific direction is given by a competent Civil Court. Hence, this Court is not inclined to entertain this writ petition. When this Court about to dismiss the writ petition, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition.

3. Recording the said submission of the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Connected Miscelleneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mp/lok To 1.The District Collector-Cum-District Magistrate, O/o The Collectorate, Pettaiyanchaittram, Pondicherry. 2.The Sub Divisional Magistrate, Villianur, Pondicherry. W.P.No.8463 of 2020 VG II (CO) KKV/29/07/2020 https://hcservices.ecourts.gov.in/hcservices/