Madras High CourtWP(MD)/357/2021dismissed

Ravi v. The Revenue Divisional Officer/ Sub Collector

2021-01-11Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.357 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA W.P.(MD)No.357 of 2021 Ravi ... Petitioner Vs.

1.The Revenue Divisional Officer / Sub Collector, Devakottai, Sivagangai District.

2.The Superintendant of Police, Sivagangai District.

3.The Inspector of Police, Devakottai Police Station, Sivagangai District.

4.Rajkamal The Sub-Inspector of Police, Devakottai Police Station, Sivagangai District.

5.Tiruppathi 6.Rajmohan 7.Senthilnathan ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to restore the petitioner's possession from the Respondents 5 to 7 in respect of the properties in Survey Nos.10/10C, 10/10D, 9/1, 9/2, 10/10A, 10/10B, 10/11, 10/12, 10/5, 10/6, 10/7A, 10/7B, 10/9, 10/4, 8/1, 8/3, 8/4, 8/5, 8/7, 8/8, 8/9, 9/4, 12/1, 12/2, 12/6, 13/1, 13/2, 13/3, 13/4, 12/5, 13/7, 13/5, 13/8, 13/9, 16/5, 12/3, 11/1, 11/2, 11/3, 11/4, 11/5, 11/6, 11/7, 11/8B, 11/9A, 11/9B, 11/8A, 11/8C, 11/1, situate at Pulikulam Kanmai Village, Thiruppakottai Group, Devakottai Taluk, Sivagangai District by considering petitioner representation submitted on the file of the 1st Respondent under Section 145 of the Criminal Procedure Code dated 23.11.2020.

For Petitioner : Mr.R.Balakrishnan For Respondents 1 to 3 : Mr.R.Saravana Kumar Government Advocate (Crl. Side)

ORDER

The present writ petition is filed for a direction to the first respondent to restore his possession from the respondents 5 to 7 in respect of the properties situated in above mentioned survey numbers at Pulikulam Kanmai Village, Thiruppakottai Firka, Devakottai Taluk, Sivagangai District.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.357 of 2021 2.Admittedly, a Civil suit in O.S.No.19/2018 is pending on the file of the District Munsif, Devakottai, between the petitioner and the private respondents.

3.The main contention of the petitioner is that the private respondents 5 to 7 are threatening the petitioner that they would dispossess him from the petition mentioned properties.

4. Mr.R.Saravana Kumar, learned Government Advocate (Crl. Side) who takes notice for the respondents 1 to 3, would contend that though the petitioner sought for police protection, is not residing in Pullikulam Village, which is the address mentioned by him in the representation. He would further submit that there is a civil dispute pending between the petitioner and the private respondents 5 to 7 in O.S.No.19/2018 on the file of the District Munsif, Devakottai.

5.In view of the said submission, the petitioner is directed to work out his remedy before the Civil Court and the present writ petition is dismissed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Revenue Divisional Officer / Sub Collector, Devakottai, Sivagangai District.

2.The Superintendant of Police, Sivagangai District. 3.The Inspector of Police, Devakottai Police Station,Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.357 of 2021 11.01.2021 KUN(CO) KB(02.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2