Madras High CourtCRL OP/25452/2016closed

Mrs.K.K.Gayathri v. The State Of Tamil Nadu Rep.By

2016-11-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23. 11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.25452 of 2016

1. K.K.Gayathri

2. R.G.Suresh

...Petitioners

Vs.

The State of Tamil Nadu Rep. by the Inspector of Police Central Crime Branch (CCB), Team - II, Egmore, Chennai-600 008.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondent to hand over the possession of the petitioners property being land and building called Annai Rajammal in Door No.593, Mudichur road, Krishna Nagar, Tambaram West, Chennai-600 045 having total built-up area of 20,400 sq.ft constructed over the land measuring to an extent of 11,601 sq.ft. comprised in survey nos.160/1A (6976 sq.ft - Patta No.2244), 160/2A2 (2616 sq.ft-Patta No.1422) and 1602A1B (2099 sq.ft-Patta No. 3132) of Tambaram village, Tambaram Taluk, Kancheepuram District together with 2 wells, 2 HP motor pump set, electrical service connections and deposits etc., to the petitioners.

For Petitioners : Mr.C.Prabakaran For Respondent : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to hand over the possession of the petitioners' property being land and building, called Annai Rajammal, in Door No.593, Mudichur road, Krishna Nagar, Tambaram West, Chennai-600 045 having a total built-up area of 20,400 sq.ft constructed over the land measuring to an extent of 11,601 sq.ft. comprised in survey nos.160/1A (6976 sq.ft - Patta No.2244), 160/2A2 (2616 sq.ft-Patta No.1422) and 1602A1B (2099 sq.ft-Patta No. 3132) of Tambaram village, Tambaram Taluk, Kancheepuram District together with 2 wells, 2 HP motor pump https://hcservices.ecourts.gov.in/hcservices/

set, electrical service connections and deposits etc., to the petitioners.

2. Today, Ms.S.Neelavathy, Inspector of Police, CCB, Chennai is present.

3. On instructions, learned Additional Public Prosecutor submitted that the petitioner's husband by name G.Karunanidhi has filed WP No.889 of 2014 for the similar relief and the same is pending before this Court.

4. Since the writ petition is filed by the petitioner's husband seeking the similar relief is pending, it may not be advisable for this Court to exercise its jurisdiction u/s 482 Cr.P.C. as prayed for by the petitioner.

5. The Criminal Original Petition is closed with liberty to the petitioners to work out their remedy in WP No.889 of 2014.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kmi

1. The Inspector of Police, Central Crime Branch (CCB), Team - II, Egmore, Chennai-600 008.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Prabakaran Advocate sr 68416 Crl.O.P.No.25452 of 2016 pk(co) aa16/12/2016 https://hcservices.ecourts.gov.in/hcservices/