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Madras High CourtWP(MD)/6435/2022dismissed

Balamurugan P v. The Superintendent Of Police

2024-01-31Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 01/02/2024

CORAM

The Hon`ble Mr.Justice M.DHANDAPANI Balamurugan P ... Petitioner Vs

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

2. The Deputy Superintendent Of Police, Vedasandur , Dindigul District.

3. The Inspector of Police, Vedasandur Police Station, Dindigul District.

4. Sathasivam, S/o.Karuppasamy , Thoppupatti , G.

Pudukkottai Village , Vedasandur Taluk, Dindigul District.

... Respondents PRAYER :- Wit Petition filed under Article 226 of Constitution of India for issuance of a Writ Mandamus directing the 3rd Respondent herein to return the Key to the petitioner in respect of his house property situated at Door No.5A8 comprised in Survey No.674/2B2, Plot No.12 at Old Dindigul Road, Vedasandur Taluk, Dindigul District and also for a direction to the 3rd Respondent not to interfere with a civil dispute between the petitioner and the 4th respondent herein. 1/4

For Petitioner : M/s. Lawrance J, For Respondent : Mr.B.Nambiselvan for R1 to R3 Additional Public Prosecutor Mr.G.Balaji for R4

ORDER

The petitioner filed this writ petition for a direction to the 3rd Respondent herein to return the Key to the petitioner in respect of his house property situated at Door No.5A8 comprised in Survey No. 674/2B2, Plot No.12 at Old Dindigul Road, Vedasandur Taluk, Dindigul District and also for a direction to the 3rd Respondent not to interfere with a civil dispute between the petitioner and the 4th respondent herein.

2. Today, when the matter was taken up for hearing, the third respondent appeared before this Court, who submit that he is not in possession of the key with respect to the subject property. The said statement is recorded.

3. The learned counsel for the 4th respondent would submit that the key is in the custody of the 4th respondent, who is in possession and enjoyment of the subject property.

2/4

4. In view of the above, if at all the petitioner is aggrieved by the same, he has to work out his remedy before the competent civil court against the 4th respondent. Accordingly, this writ petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law.

31.01.2024 RR TO

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

2. The Deputy Superintendent Of, Police, Vedasandur , Dindigul District.

3. The Inspector of Police, Vedasandur Police Station, Dindigul District. 3/4

M.DHANDAPANI,J RR

ORDER

IN WP(MD) No.6435 of 2022 Date : 31.01.2024 4/4