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Madras High CourtWP/24676/2017closed

M.S.Kumaresan (Died), v. The Deputy Inspector General

2022-10-28Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.24676 of 2017 & WMP.Nos.26038 & 26039 of 2017

1. M.S.Kumaresan [died]

2. Samboornam

3. Kanchana

4. Parvathi

5. Parthasarathi

6. Murugesan [Petitioners 2 to 6 substituted as LRs of deceased sole petitioner vide Order dated 24.08.2022 made in WMP.No.19243 of 2021 in 24676 of 2017 by RSMJ]

...Petitioners

... Vs ...

1. The Deputy Inspector General of Police, 3/34, Subramaniapuram Extension, Salem - 636 007.

2. The Superintendent of Police Salem, Salem District.

3. P.Rajan, Superintendent of Police, Salem, Salem District.

4. The Deputy Superintendent of Police, 1/5

Omalur, Salem District.

5. S.Baskaran, Deputy Superintendent of Police, Omalur, Salem District.

6. The Inspector of Police, Nagavalli Police Station, Nagavalli, Mettur Taluk, Salem District.

7. Sampoornam

...Respondents

Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue Writ of Mandamus forbearing the respondents from interfering with the petitioner possession of the property comprised in Survey Nos.240/1A, 240/1B, 240/1C, 240/ID and 235/1 of Kuttapatti Village Mettur Taluk, Salem District by taking law into their hands in violation of the decree passed in O.S.No.754 of 1987 on the file of the District Munsif Court, Mettur dated 25.02.1987.

For Petitioner : Mr.M.Jayaganeshan For Respondents : Mr.P.Sathish, Additional Government Pleader - R1 , R2, R4 & R6 Mr.M.Ravi - R7 No appearance - R3 & R5 2/5

ORDER

This Writ Petition has been filed to forbear the respondents from interfering with the possession of the petitioner by taking law into their hands in violation of the decree passed in O.S.No.754 of 1987 on the file of the District Munsif Court, Mettur dated 25.02.1987.

2. When the matter is taken up today, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner has been called for enquiry and after enquiry, the very complaint itself has been closed.

3. In such view of the matter, the apprehension of the petitioner is illfounded. In the counter also, the same stand has been taken by the respondents. As the very complaint has been closed, the question of interfering with the petitioner's possession does not arise at all. 3/5

4. Accordingly, this Writ Petition is closed. Consequently, connected miscellaneous petitions are closed. No costs. 28.10.2022 vrc To,

1. The Deputy Inspector General of Police, 3/34, Subramaniapuram Extension, Salem - 636 007.

2. The Superintendent of Police Salem, Salem District.

3. P.Rajan, Superintendent of Police, Salem, Salem District.

4. The Deputy Superintendent of Police, Omalur, Salem District.

5. S.Baskaran, Deputy Superintendent of Police, Omalur, Salem District.

6. The Inspector of Police, Nagavalli Police Station, Nagavalli, Mettur Taluk, Salem District.

4/5

N.SATHISH KUMAR, J.

vrc 28.10.2022 5/5