V.Abdul Malik v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.12.2024 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN -- V.Abdul Malik .. Petitioner Vs.
1. The Superintendent of Police, Tirupathur District.
2. The Inspector of Police, Ambur Town Police.
3. Y.Bhakthan Theophilus .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the respondents 1 and 2--Police Officers from interfering with the peaceful possession and enjoyment of the property comprised in Land ad-measuring an extent of 2000 Sq.Ft. (185.80 square meters) out of total extent of 5.27 cents comprised in Punjai Survey Nos.313/2 and 314, Ward-A, Block-8, T.S.No.21/1, Sub-Division T.S.No.21/1A1A part, New Ward-A, Block-8, New T.S.No.21/5 situated at Ambur Village, Ambur Taluk, Ambur Sub-Registration District, Vellore Registration District, Vellore District, in consideration of the reply dated 13.09.2024 submitted by the 1 / 4
petitioner.
For petitioner : Mr.C.Manohar Gupta For respondents: Mr.S.Sugendran, Addl.P.P.
& Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side) for RR-1 & 2 Tapal / Notice returned with endorsement 'left'-- not ready in notice for R-3
ORDER
The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents 1 and 2--Police Officers from interfering with the peaceful possession and enjoyment of the property comprised in Land ad-measuring an extent of 2000 Sq.Ft. (185.80 square meters) out of total extent of 5.27 cents comprised in Punjai Survey Nos.313/2 and 314, Ward-A, Block-8, T.S.No.21/1, Sub-Division T.S.No.21/1A1A part, New Ward-A, Block-8, New T.S.No.21/5 situated at Ambur Village, Ambur Taluk, Ambur Sub-Registration District, Vellore Registration District, Vellore District, in consideration of the reply dated 13.09.2024 submitted by the petitioner.
2. From the averments made in the affidavit filed in support of the present Writ Petition and upon hearing the leanred counsel for the petitioner, it is 2 / 4
conspicuously clear that the petitioner tried to convert the High Court into a Civil Court and converted the Writ Jurisdiction into Civil Jurisdiction.
3. The dispute is regarding enjoyment of the property mentioned in the prayer to this Writ Petition, and the dispute in this Writ Petition is only civil in nature. Hence, this Writ Petition is not maintainable and the same is accordingly dismissed with costs.
11.12.2024 cs To
1. The Superintendent of Police, Tirupathur District.
2. The Inspector of Police, Ambur Town Police, Vellore District.
3. The Public Prosecutor, High Court, Madras. 3 / 4
P.VELMURUGAN, J cs 11.12.2024 4 / 4