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Madras High CourtWP/26880/2022disposed of

S.Kuppusamy v. The District Collector

2022-10-11Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM 1.S.Kuppusamy 2.M.Muthupandian 3.P.Selvaraj ...

Petitioners /vs/ 1.The District Collector, Salem, Salem Collectorate Salem - 636 001.

2.The Revenue Divisional Officer, Attur, Revenue Divisional Officer, Attur - 636 102.

3.The District Superintendent of Police, Rural Salem District, Annadhanapatti, Salem - 636 002.

4.The Deputy Superintendent of Police, Attur Taluk, Salem District, Salem.

5.The Inspector of Police, Thalaivasal Thalaivasal Police Station, Thalaivasal, Salem District.

6.N.Sankaralingam 7.V.Raghuraman ...

Respondents

Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondents 3 to 5 from interfering in civil dispute between the petitioners and the respondents 6 and 7 in respect of properties which are subject matter of suit in O.S.No.220 of 2022 District Munsif of Attur.

For Petitioners ... Mr.R.MD.Nasrullah For Respondents ... Mr.S.Santhosh 1 to 5 Govt.Advocate (Crl.side)

ORDER

The Writ Petition has been filed to issue a writ of Mandamus forbearing the respondents 3 to 5 from interfering in civil dispute between the petitioners and the respondents 6 and 7 in respect of properties which are subject matter of suit in O.S.No.220 of 2022, District Munsif of Attur. 2.The learned counsel for the petitioners submitted that with regard to the dispute in respect of the properties between the petitioners and the respondents 6 and 7, a civil suit in O.S.No.220 of 2022 is pending before the District Munsif Court, Attur. Pending suit, on receiving a complaint

from the respondents 6 and 7, the 3rd respondent interfered in the civil dispute. Hence the present petition.

3.The learned Govt. Advocate (Crl.side) for the respondents 1 to 5 on instructions submitted that a representation has been received from the petitioners on 16.09.2022 and the current paper number has been assigned. In this matter, enquiry is under progress. In the enquiry, if it is found civil in nature, they will not interfere with. Further, he submitted that the respondents police are ready to consider the matter. 4.Recording the above submissions, the 5th respondent police is directed to consider the representation of the petitioners dated 16.09.2022 and during the enquiry, if the dispute is found to be a civil in nature, the 5th respondent is directed not to interfere with the civil matter.

6. With the above direction, this Writ Petition is disposed of. No costs.

Index : Yes/No Internet: Yes/No 11.10.2022 sms (1/2)

V.SIVAGNANAM ,J.

sms To 1.The District Collector, Salem, Salem Collectorate Salem - 636 001.

2.The Revenue Divisional Officer, Attur, Revenue Divisional Officer, Attur - 636 002.

3.The District Superintendent of Police, Rural Salem District, Annadhanapatti, Salem - 636 002.

4.The Deputy Superintendent of Police, Attur Taluk, Salem District, Salem.

5.The Inspector of Police, Thalaivasal Thalaivasal Police Station, Thalaivasal, Salem District.

6.The Public Prosecutor, High Court, Madras.

11.10.2022