Kamarunnisa Begum, v. The Secretary To Home
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.44737 of 2016 and W.M.P.Nos.38555 of 2016 and 1522 of 2017 Kamarunnisa Begum
...Petitioner
-Vs1. The Secretary to Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Deputy Inspector General of Police, Salem Range, Near Cluny School, Ramakrishna Salai, Salem.
3. The Superintendent of Police, Krishnagiri District, Krishnagiri.
4. The Inspector of Police, Krishnagiri Town Police Station, Netaji Road, Old Pet, Krishnagiri.
5. Ganesh Babu
6. Ranganathan
7. Kalavathi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to forbear the 4th respondent, also arrayed as 5th respondent in his personal capacity from in any way compelling or insisting the petitioner to vacate and handover the vacant possession of the property which is subject matter of suit in O.S.No.192 of 2015 on the file of District Munsif Court, Krishnagiri and safeguard the personal liberty of the petitioner herein guaranteed under Article 21 of the Constitution of India and further to safeguard the constitutional right to property of the petitioner herein guaranteed under Article 300A of Constitution of India.
For Petitioner : M/s Mohamed Ehiya For RR 1 to 4 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For RR 6 and 7 : M/s N.C. Ashok Kumar For R5 : No Appearance
ORDER
The writ petition has been filed seeking for a direction directing the respondents 1 to 3 to forbear the 4th respondent also arrayed as 5th respondent herein in his personal capacity from in any way compelling or insisting the petitioner to vacate and handover the vacant possession of the property which is subject matter of suit in O.S.No.192 of 2015 on the file of District Munsif Court, Krishnagiri, and safeguard the personal liberty of the petitioner herein guaranteed under Article 21 of the Constitution of India and further to safeguard the constitutional right to property of the petitioner herein guaranteed under Article 300A of Constitution of India. 2.
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor and perused all the documents available on record.
3.
It is seen that the petitioner seeks direction to forbear the 4th respondent from interfering with the civil disputes between the petitioner and the respondents 6 and 7 and not to compel the petitioner to vacate and handover the vacant possession of the property which is the subject matter of the suit in O.S.No.192 of 2015 on the file of District Munsif Court, Krishnagiri and the above said suit is pending for disposal. However, the respondents 6 and 7 are directed to appear before the learned District Munsif, Krishnagiri, from the date of receipt of a copy of this order and to seek appropriate relief.
4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected W.M.P.Nos.38555 of 2016 and 1522 of 2017 are closed.
msm Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To
1. The Secretary to Home Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Deputy Inspector General of Police, Salem Range, Near Cluny School, Ramakrishna Salai, Salem.
3. The Superintendent of Police, Krishnagiri District, Krishnagiri.
4. The Inspector of Police, Krishnagiri Town Police Station, Netaji Road, Old Pet, Krishnagiri.
5. The Public Prosecutor, High Court, Madras.
6. The District Munsif, Krishnagiri.
+1cc to Mr.C.Jagadish, Advocate, SR.No.19793 +1cc to Mr.R.Ramanlaal, Advocate,SR.No.19791 W.P.No.44737 of 2016 Kak(21/04/2019)