Parvathiammal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN and WMP.No.15102 of 2023 Parvathiammal

...Petitioner

Vs.

1. The Inspector of Police, Anti Land Grabbing Special Cell, Chengalpattu District.

2. P.Saradha Ammal

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of the Writ of Mandamus, forbearing the first respondent from interfering the civil disputes pending before the District Munsif cum Judicial Magistrate, Thirupporur with the second respondent in respect to the property bearing Nanjai Survey number 138/3B in Illalur Village, Thirupporur Taluk, measuring an extent 20 cents.

For Petitioner : Mr.S.N.Subramani For Respondents R1 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, forbearing the first respondent from interfering with the civil disputes pending before the learned District Munsif cum Judicial Magistrate, Thirupporur with the second respondent in respect to the property bearing Nanjai Survey number 138/3B measuring an extent of 20 cents situated at Illalur Village, Thirupporur Taluk.

2. The learned counsel for the petitioner submitted that the petitioner has filed a suit in O.S.No.357 of 2023 against the second respondent seeking relief of permanent injunction, declaration and other reliefs in respect of the suit property. When the suit is pending, the first respondent is unnecessarily interfering with the enjoyment of the petitioner's property at the instigation of the second respondent. Therefore, this petition.

3. In response, the learned Government Advocate (Crl.Side) submitted that on the basis of the complaint given by the second respondent, the enquiry was conducted in Current Paper No.22/SP/ALGSC/CPT/2023 and found that the civil

dispute is pending and the enquiry has been closed giving direction to the parties to workout their remedy before the civil Court.

4. In view of the submission of the learned Government Advocate (Crl.side) that the enquiry has been conducted and closed by directing the parties to workout their remedy before the civil Court, this Court is of the view that no further order need to be passed in this petition.

5. Accordingly, this Writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs.

12.06.2023 mn Index:Yes/No Speaking Order: Yes/No

G.CHANDRASEKHARAN.J., mn To

1. The District Munsif cum Judicial Magistrate, Thirupporur.

2. The Inspector of Police, Anti Land Grabbing Special Cell, Chengalpattu District.

3. The Public Prosecutor, High Court of Madras.

12.06.2023