Shalini v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:03.07.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.17617 of 2024 Shalini .. Petitioner /versus/ 1.The District Registrar, District Registrar Office, Chennai South, Integrated Building for office of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai 35.

2.The Executive Engineer & Administrative Officer, Besant Nagar Division, Tamil Nadu Housing Board, Chennai.

3.J.Janarthan 4.Thangavel 5.K.Ganesan 6.Karthikeyan 7.The Inspector of Police, J-6, Thiruvanmyur Police Station, Chennai.

.. Respondents 1/5

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 7th respondent from interfering with the petitioner's peaceful possession and enjoyment of the property which is allotted under 196HIG Scheme at Flat No.H-69/T7, Thiruvanmiyur Extension by the Tamil Nadu Housing Board in his letter B6/15431/95 dated 07.11.1995 at the instance of 3rd to 6th respondents without due process of law.

For Petitioner :Mr.R.Raji For R7 :Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) ------

ORDER

Since there is a civil dispute between the petitioner and the respondents 3 to 6, the present petition is filed seeking a direction that the police should protect the peaceful possession and enjoyment of the petitioner's property and their possession should not be disturbed by the private respondents without due process of law. 2/5

2. The learned Government Advocate (Crl.Side) appearing for the 7th respondent states that the relief sought has to be obtained from a competent civil Court and in fact, the petitioner had claimed that enquiry is pending before the Registration Department. In respect of the alleged threat made in the representation, the police attached to Thiruvanmiyur police station is frequently visiting the premise to ensure that there is no law and order problem. The dispute appears to be civil in nature and therefore, the parties has to work out their remedy before the competent civil Court.

3. With the above observation, this Writ Petition is dismissed. No costs.

03.07.2024 Index:yes/no ari 3/5

To:

1.The District Registrar, District Registrar Office, Chennai South, Integrated Building for office of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai 35.

2.The Executive Engineer & Administrative Officer, Besant Nagar Division, Tamil Nadu Housing Board, Chennai.

3.The Inspector of Police, J-6, Thiruvanmyur Police Station, Chennai. 4.The Public Prosecutor, High Court, Madras.

4/5

DR.G.JAYACHANDRAN,J.

ari 03.07.2024 5/5