Madras High CourtWP(MD)/8393/2020dismissed

P.R. Mouthudurai v. The Superintendent Of Police

2020-07-31Honourable Mr Justice R. Pongiappan2 pages

W.P.(MD)No.8393 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.[MD]No.8393 of 2020 P.R.Mouthudurai ... Petitioner Vs.

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

2.The Inspector of Police, Sankarankovil Police Station, Thenkasi District.

3.P.Shanmugasundaram 4.P.Ganesan 5.P.Subramanian 6.P.Paramasivan 7.P.Sankaralingam 8.Mookandi(Neerpaychi) 9.K.Poyilan 10.Mookkammal ... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to take necessary action against the respondents 3 to 10 for not to interfere with the peaceful possession and enjoyment of the petitioner's property in survey Number 557/11, 16, 17 and 18 to the extent of 1 acres 69 cents in Kalappakulam Revenue Village in Sankarankovil Taluk, Thenkasi District.

For Petitioner : Mr.J.Balameenakshi For R-1 and R-2 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

The writ petition has been filed praying for issuance of a writ of mandamus directing the respondents 1 and 2 herein to take necessary action against the respondents 3 to 10 for not to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8393 of 2020 interfere with the peaceful possession and enjoyment of the property owned by the petitioner.

2.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that in earlier, on receipt of the complaint given by the petitioner on 04.07.2020 against the respondents 3 to 10, the second respondent police initiated an enquiry in C.S.R.No.130 of 2020. During the enquiry, both the petitioner and the respondents 3 to 10 admitted that the dispute between them is civil in nature and therefore, they are all made an undertaking to approach the Civil Court for resolving the dispute having by them.

3.Recording the submission made by the learned Additional Public Prosecutor, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 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, Thenkasi, Thenkasi District.

2.The Inspector of Police, Sankarankovil Police Station, Thenkasi District.

W.P.[MD]No.8393 of 2020 31.07.2020 MM(CO) TR(13.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2