← Library
Madras High CourtWP/28347/2022dismissed

V.S.Radhakrishnan v. The Commissioner Of Police

2022-10-27Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM V.S.Radhakrishnan ... Petitioner Vs.

1.The Commissioner of Police, Office of Commissioner of Police, Karappakkam, Elcot Sez., Sholinganallur, Chennai 600 119.

2.The Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Muthu Ranga Mudali Street, Tambaram, Chennai 600 045.

3.The Inspector of Police, Mudichur to Sriperumbadur Road, Manimangalam, Chennai 601 301.

4.S.Tulsidas Patel, 5.S.Ramesh Patel ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to forbearing the respondents 3 to 5 their men or agents from interfering with the petitioner's 1/4

peaceful possession in the vacant plot measuring about 4325 sq.ft at Salamangalam Village No.142, Plot No.217, Sri Lakshmi Nagar III Stage, comprised in Survey No.223, 223/1, New sub division No.223/5, Salamangalam Village, Sriperumbadur Taluk, Kanchipuram District. For Petitioner : Ms.K.Udayaselvi For Respondents : Mr.S.Santhosh for R1 to R3, Government Advocate (crl.side)

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to forbear the respondents 3 to 5 and their men or agents from interfering with the petitioner's peaceful possession in the vacant plot measuring about 4325 sq.ft at Salamangalam Village, No.142, Plot No.217, Sri Lakshmi Nagar III Stage, comprised in Survey No.223, 223/1, New sub division No.223/5, Salamangalam Village, Sriperumbadur Taluk, Kanchipuram District. 2.The learned Counsel appearing for the petitioner submitted that the petitioner is the owner of the property comprised at Salamangalam Village No.142, Plot No.217, Sri Lakshmi Nagar III Stage, comprised in Survey No.223, 223/1, New sub division No.223/5, Salamangalam Village, Sriperumbadur Taluk, Kanchipuram District. While so, the third respondent colluded with the respondents 4 & 5 and trespassed into the property of the petitioner and threatened him with dire consequences. Hence, the present 2/4

petition has been filed.

3.The learned Government Advocate (crl.side) submitted that civil dispute is pending between the petitioner and the respondents 4 & 5 and the third respondent is not interfering in that dispute. 4.The prayer sought by the petitioner is not maintainable. This Court cannot issue any direction to the respondents 1 & 2 to issue any order to forbear the respondents 3 to 5 from interfering the petitioner's peaceful possession of the property. Hence, I find no merit in this case.

5. Accordingly, this Writ Petition stands dismissed. No costs. 27.10.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk V.SIVAGNANAM, J.

shk To 1.The Commissioner of Police, 3/4

Office of Commissioner of Police, Karappakkam, Elcot Sez., Sholinganallur, Chennai 600 119.

2.The Assistant Commissioner of Police, Office of Assistant Commission of Police, Muthu Ranga Mudali Street, Tambaram, Chennai 600 045.

W.P.No.28347 of 3.The Inspector of Police, Mudichur to Sriperumbadur Road, Manimangalam, Chennai 601 301.

4.The Public Prosecutor, High Court of Madras.

27.10.2022 4/4