Madras High CourtWP(MD)/7654/2021disposed of

Sittammal v. The Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.08.2021

CORAM

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

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

2.The Revenue Divisional Officer, Uthamapaym Taluk, 3.The Thasildar, Uthamapalaym Taluk, 4.The Inspector of Police, Cumbum North Police Station, 5.V.Kalavathi 6.V.Rekha 7.V.Senthilkumar 8.V.Premkumar 9.V.Ranjithkumar ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the fourth respondent from interfering in any manner including possession of the property in S.No.1603/1 measuring about one acre of Uthamapuram Village, Cumbum, Theni District, Which is the subject matter of O.S.No.23 of 2021 pending on the file of the District Judge, Theni.

For Petitioner : Mr.D.Malaichamy For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R4 1/3

ORDER

This petition has been filed for issuing a Writ of Mandamus, forbearing the fourth respondent from interfering in any manner including possession of the property in S.No.1603/1 measuring about one acre of Uthamapuram Village, Cumbum, Theni District, Which is the subject matter of O.S.No.23 of 2021 pending on the file of the District Judge, Theni.

2.Heard, the learned counsel for the petitioner and Mr.K.M.Anbunithi, the learned Additional Public Prosecutor appearing for the respondents 1 to 4.

3.The learned Additional Public Prosecutor would submit that based on the complaint given by the seventh respondent herein, enquiry was undertaken in C.S.R.No.365 of 2020 and similarly on the basis of the complaint given by the son of the petitioner namely, Murugesan, enquiry was undertaken and the same were closed on 21.11.2020 by observing that it is a purely civil dispute.

4. In view of the above submission, nothing survives for further consideration and direction in this matter. Hence, this Criminal Original Petition is disposed of. No Costs. Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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 Superintendent of Police, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapaym Taluk, 2/3

3.The Thasildar, Uthamapalaym Taluk, 4.The Inspector of Police, Cumbum North Police Station, 5.The District Judge, Theni.

W.P(MD)No.7654 of 2021 06.08.2021 RD(13.08.2021) 3P 5C 3/3