Sabeena v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Sabeena Petitioner Vs.

1.The District Collector, 2.The Thasildar, Madurai South, Madurai District.

3.The District Revenue Officer, 4.The Revenue Divisional Officer, 5.The Joint Registrar IV, Palanganatham, 6.The Inspector of Police, Thideer Nagar Police Station, Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 6 not to interfere the petitioner's property, situate in Block No.19D, S.No.178/2, N.S.No.1778/2, Katrapalayam in 505 Sq.ft by considering the petitioner's representation, dated 25.01.2021. For Petitioner : Mr.S.Raja Manickam For Respondents : Mr.R.Srinivasan Government Advocate

O R D E R

This Writ Petition has been filed to direct the respondents 2 and 6, not to interfere with the petitioner's property, situate in Block No.19D, S.No.178/2, N.S.No.1778/2, Katrapalayam in 505 Sq.ft by considering the petitioner's representation, dated 25.01.2021. 1/5

2.In an earlier occasion on 16.04.2021, the learned Government Advocate has submitted that based upon the complaint given by one Sharmila, a case in Crime.No.74 of 2021 was registered on 22.02.2021, under Sections 181, 193 and 420 IPC. 3.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that a civil suit is pending between the petitioner herein and the said Sharmila and two others. It is also stated that when the suit is pending, the respondents are making interference. The learned Government Advocate would submit that when the civil suit is pending, the petitioner can work out his remedy, which is very well available in the civil suit. It is not stated how the respondents are interfering in the property. The prayer itself is just like an injunction prayer, which cannot be granted by this Court.

4.In view of the above, the petitioner is at liberty to approach the concerned civil Court for his remedy. No further adjudication or direction can be given in this matter. 5.With the above observation and direction, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 District Collector, 2.The Thasildar, Madurai South, Madurai District.

3.The District Revenue Officer, 2/5

4.The Revenue Divisional Officer, 5.The Joint Registrar IV, Palanganatham, 6.The Inspector of Police, Thideer Nagar Police Station, +1 CC to M/s.S.RAJAMANIKKAM, Advocate ( SR-17853[F] dated 28/04/2021 Order made in 26.04.2021 RK(12.05.2021) 3P 8C 3/5