D.Mohan, v. The Supdt. Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.16030 of 2012 and M.P.(MD)No.1 of 2012 D.Mohan ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Navalpattu Police Station, Trichy 26.

3.The District Collector and District Magistrate, Tiruchirappalli - 1.

4.The Revenue Divisional Officer, Old Collectorate Compound, Trichy 1.

5.R.Govindharaj .

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to put the removed goods and machinery that were removed on 04.12.2012 in between 02.00 p.m and 06.00 p.m back in survey No. 121/26 and 121/27 in Velayuthangudi Village. For Petitioner :

Mr.M.Jahangir Babu For Respondents :

Mr.N.GA.Natraj, Government Advocate for R1 to R4 Mr.M.R.S.Prabhu for R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to put the removed goods and machinery that were removed on 04.12.2012 in between 02.00 p.m and 06.00 p.m back in survey No. 121/26 and 121/27 in Velayuthangudi Village.

2. When the matter was taken up for consideration, the learned counsel appearing for the fifth respondent submitted that the petitioner has also filed a suit before the Civil Court seeking for interim injunction in respect of the very same property in question. However, the said fact has not been disclosed in the affidavit filed in support of this Writ Petition.

3. Considering the facts and circumstance of the case and also considering the fact the petitioner has also filed a suit before the Civil Court for interim injunction and he has also filed S.T.A.SR.No.35916 of 2012 before this Court and the same is also pending, we are not inclined to consider the prayer sought for by the petitioner. Further, the petitioner has not produced any materials to show that the property in question belongs to the petitioner. Therefore, this Writ Petition is not maintainable and the same is liable to be dismissed.

4. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to approach this Court in the event of he succeeds in the civil suit or any other order being obtained before the competent authority.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 10.01.2024 Index :

Yes / No vsm

To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Navalpattu Police Station, Trichy 26.

3.The District Collector and District Magistrate, Tiruchirappalli - 1.

4.The Revenue Divisional Officer, Old Collectorate Compound, Trichy 1.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm W.P.(MD)No.16030 of 2012 10.01.2024