N.Prakash Reddy v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2023 CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.No.25490 of 2023 N.Prakash Reddy S/o.Late Naja Reddy ... Petitioner
Versus
1.The Deputy Superintendent of Police, E.O.W - II, Venangudi Muniyappan Koil Backside, Annam Marriage Hall, Zahir Ammapalayam, Salem District.
2.The Sub Registrar, Sub Registrar Office, Yercaud, Salem District.
3.The District Revenue Officer, Salem, Salem District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents not to interfere with the petitioner's right, title and interest in the property situated in old S.No.14/7 and new S.No.14/7B1B for the extent of 8,400 Square feet at No.11 Kiliyur Village, Yercaud taluk, Salem district including the right to alienate the same.
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For Petitioner : Mr.Adithya Reddy For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****
O R D E R
This Writ Petition has been filed for a direction to the respondents not to interfere with the right of the petitioner to deal with the subject property.
2. Heard Mr.Adithya Reddy, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.
3. When the matter came up for hearing on 12.09.2023, this Court passed the following order:
"It is seen from records that the petitioner had earlier filed W.P.No.33749 of 2017 and certain directions were issued by this Court. Due to non-compliance, a contempt petition in Contempt Petition No.453 of 2022 was filed. When this contempt petition came up for hearing on 01.04.2022, learned Government Advocate produced the letter dated 26.03.2022 addressed to the Sub-Registrar to the effect that the earlier letters given to the SubRegistrar have been withdrawn and the Sub-Registrar was requested not to act upon those letters. Recording the same, the contempt petition was closed on 01.04.2022.
2. The present grievance that has been expressed by the 2/4
petitioner is that once again there is an internal communication between the District Revenue Officer and the police, as a result, once again, the Sub-Registrar is not allowing the petitioner to deal with the property.
3. Learned Additional Public Prosecutor shall take instructions and report before this Court.
Post this case next week under the same caption."
4. Learned Additional Public Prosecutor, on instructions, submitted that no fresh communication has been made to the Sub-Registrar as alleged by the petitioner and that the earlier letter dated 26.03.2022 that was addressed to the Sub-Registrar makes it clear that all the earlier letters given to the Sub-Registrar have been withdrawn. In view of the same, learned Additional Public Prosecutor contended that the allegation made by the petitioner is unsustainable.
5. In the light of the specific stand taken by learned Additional Public Prosecutor based on instructions received from the respondents, it is made clear that there is no restriction for the petitioner to deal with the subject property and the second respondent shall entertain the documents presented by the petitioner and deal with the same in accordance with law.
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N.ANAND VENKATESH, J gm Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.09.2023 Index: Yes/No Speaking Order / Non-Speaking Order rjr/gm To 1.The Deputy Superintendent of Police, E.O.W.II, Venangudi Muniyappan Koil Backside, Annam Marriage Hall, Zahir Ammapalayam, Salem District.
2.The Sub Registrar, Sub Registrar Office, Yercaud, Salem District.
3.The District Revenue Officer, Salem, Salem District.
4. The Public Prosecutor, High Court, Madras.
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