S.Periyasamy, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.9883 of 2017 and W.M.P.No.10882 of 2017 1.S.Periyasamy ... Petitioners 2.S.Ganeshan 3.S.Kumar 4.Mangammal Vs 1.The Superintendent of Police, ... Respondents Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Pennagaram Sub Division, Pennagaram, Dharmapuri District.

3.The Inspector of Police, Pennagaram Police Station, Pennagaram, Dharmapuri District.

4.The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

5.K.Chinnaduriai 6.K.Madappan Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents 1 to 3 and their subordinates from interfering with the peaceful possession of the petitioners and respondents 5 & 6 herein in respect of the land in S.Nos.212/1C and 212/2C total, an extent of 1.09.0 hectares (Patta No.234), Vattuvannahalli H/O Pavazhanthur Village, Pennagaram Taluk, Dharmapuri District.

For Petitioners : Mr.M.R.Jothimanian For Respondents : Ms.A.Madhumathi, Special Government Pleader (R1 to R4)

ORDER

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents 1 to 3 from interfering with the peaceful possession and also the cultivating land dispute between the petitioners and the respondents 5 & 6 in respect of the land in S.Nos.212/1C and 212/2C measuring an extent of 1.09.0 hectares in Vattuvannahalli H/O Pavazhanthur Village, Pennagaram Taluk, Dharmapuri District.

2.When the Writ Petition is taken up for hearing, Mr.M.R.Jothimanian, learned counsel appearing for the petitioners submitted that during the pendency of the Civil Appeal pending before the Lower Appellate Court, the petitioners were evicted from the land in dispute and that the respondents 5 & 6 have taken possession of the land. 3.In view of the submission made by the learned counsel for the petitioners, nothing survives for adjudication in the Writ Petition. In any event, the petitioners are at liberty to contest the appeal before the Lower Appellate Court in accordance with law.

4.With these observations, the Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petition is also closed.

-Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar va To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Pennagaram Sub Division, Pennagaram, Dharmapuri District.

3.The Inspector of Police, Pennagaram Police Station, Pennagaram, Dharmapuri District.

4.The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

W.P.No.9883 of 2017 and W.M.P.No.10882 of 2017 SSV (CO) UMY (17.12.2020)