Madras High CourtWP(MD)/1452/2021dismissed

Malaichamy v. The Tahsildar

2021-02-01Honourable Mrs Justice R. Hemalatha2 pages

W.P(MD). No.1452 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :01.02.2021

CORAM

THE HONOURABLE MRS .JUSTICE R.HEMALATHA W.P(MD). No.1452 of 2021 and W.M.P(MD).No.1242 of 2021 Malaichamy ... Petitioner Vs 1.The Tahsildar, Madurai East Taluk, Madurai, Madurai District.

2.The Superintendent of Police, Madurai, Madurai District.

3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

4.P.Palanichamy 5.P.Kannan 6.P.Jeeva 7.P.Muthu 8.J.Ajith @ Abas ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner's property in Survey Nos.7/9A and 7/9B of Narasingam II bit Village, Madurai East Taluk, Madurai District. For Petitioner : Mr.B.Prahadlad Ravi For Respondents 1 to 3 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The present petition is filed by the petitioner seeking for a direction to forbear the private respondents from interfering with the peaceful possession and enjoyment of his property in Survey Nos.7/9A and 7/9B of Narasingam II bit Village, Madurai East Taluk, Madurai District.

2.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents 1 to 3, on instructions, would submit that the complaints lodged by the fifth respondent as well as the petitioner were registered in Crime No.45 of 2021 for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD). No.1452 of 2021 the offences punishable under Sections 147, 148, 294(b), 323, 324 and 447 of Indian Penal Code and Section 4 of Tamil Nadu Prevention of Harassment of Women Act, 2002 and Crime No.46 of 2021 for the offences punishable under Sections 147, 148, 323 and 324 of Indian Penal Code and Section 4 of Tamil Nadu Prevention of Harassment of Women Act, 2002 respectively and the investigation is pending in both the cases.

3.Recording the submission made by the learned Additional Public Prosecutor, this petition is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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 Tahsildar, Madurai East Taluk, Madurai, Madurai District.

2.The Superintendent of Police, Madurai, Madurai District.

3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.B.PRAHALAD RAVI, Advocate ( SR-2953[F] dated 02/02/2021 ) W.P(MD). No.1452 of 2021 01.02.2021 KM (23.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2