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Madras High CourtWP(MD)/21634/2018disposed of

M.Ramanathan v. The Inspector Of Police

2018-10-16Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.21634 of 2018 M.Ramanathan

...Petitioner

Vs.

1.The Inspector of Police, S.P.Pattinam Police Station, Thiruvadanai Taluk, Ramanathapuram District.

2.S.Kaleeswari

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the first respondent from anyway interfering with the petitioner's peaceful possession and enjoyment of the land in Nos.266/23 for an extent of 0.13.0 Hectare, 266/32 for an extent of 0.10.0 Hectare, 266/39 for an extent of 0.30.0 Hectare, 283/4 for an extent of 0.25.0 Hectare, 269/3 for an extent 0.14.0 Hectare situated at out Pattamangalam Village, Thiruvadanai Taluk, Ramanathapuram District following due process of law.

For Petitioner: Ms.Seeni Ragmath Nisha For R1 : Mr.N.Shanmmugaselvam Additional Government Pleader

ORDER

This Writ Petition has been filed for forbearing the first respondent from anyway interfering with the petitioner's peaceful possession.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent.

3.The dispute is pending between the petitioner and his daughter-in-law, who is shown as the second respondent. Unfortunately, the son of the petitioner died. The dispute relates to the possession of land. In this connection, the suit https://hcservices.ecourts.gov.in/hcservices/

in O.S.No.134 of 2011 had been filed by the daughter-in-law viz., S.Kaleeswari, against the petitioner herein. The suit had been decreed by judgment dated 19.06.2018 by the Sub Court, Ramanathapuram. It is stated that the appeal had also been filed by the petitioner in A.S.No.57 of 2018, pending before the District Court, Ramanathapuram. It is also stated that before the Police, the petitioner herein stated that she would settle the issues before the Civil Court.

4.The learned Additional Government Pleader very fairly stated that the first respondent Police would not meddle in the present issue. It is to be decided in the First Appeal by the District Court.

5.The Writ Petition is disposed of recording the above submissions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Inspector of Police, S.P.Pattinam Police Station, Thiruvadanai Taluk, Ramanathapuram District.

2.The District Judge, Ramanathapuram.

3.The Subordinate Judge, Ramanathapuram.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.90924,90965 TSG BU/RSK/SAR-1 :09.11.2018 : 2P/5C W.P.(MD).No.21634 of 2018 16.10.2018 https://hcservices.ecourts.gov.in/hcservices/