Arumugam v. The Superintendent Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM:

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

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

2.The Sub Divisional Magistrate/ Revenue Divisional Officer, Office of the Sub Divisional Magistrate, Revenue Divisional Office, Vedasandur, Dindigul District.

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

4.Selvaraj 5.Selvarani 6.Pandi 7.Prabhu @ Kanni ... Respondents 1/4

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction, directing the 2nd Respondent to take the petitioner's petition dated 04.04.2022 filed U/s.133 of Cr.P.C seeking to remove the obstructions made by the respondent Nos.4 to 7 by blocking free passage to petitioner's house site and shop at Door No.47P, South Street, Thadikombu Village, Vedasandur Taluk, Dindigul West Taluk, Dindigul and dispose the same within the time stipulated by this Court. For Petitioner : Mr.J.Lawrance For Respondents : Mr.B.Nambiselvan for R1 to R3 Additional Public Prosecutor : No appearance for R4 to R7 O R D E R This Criminal Original Petition is filed to direct the 2nd Respondent to take the petitioner's petition dated 04.04.2022 filed U/s.133 of Cr.P.C seeking to remove the obstructions made by the respondent Nos.4 to 7 by blocking free passage to petitioner's house site and shop at Door No.47P, South Street, Thadikombu Village, Vedasandur Taluk, Dindigul West Taluk, Dindigul and dispose the same within the time stipulated by this Court.

2.When the matter was taken up for hearing on 20.03.2023, the learned counsel for the petitioner submitted that so far the above said 2/4

encroachment has not removed, on that ground the the third respondent was directed to spot inspection and posted on 12.04.2023 for filing a report.

3. When the matter was taken up for hearing on 12.04.2023, the learned Additional Public Prosecutor submitted that in pursuance of the order that has been passed by this Court, the above said nuisance was removed. But the learned counsel for the petitioner submitted that the encroachment is still existing, so that, again the third respondent was directed to visit the spot and assess the ground situation and posted on 24.04.2023 for filing the report.

4. Today on 24.04.2023, the learned Additional Public Prosecutor would submit that there is no nuisance in the petitioner's land and shop.

5. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed as infructuous.

24.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

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

2.The Sub Divisional Magistrate/ Revenue Divisional Officer, Office of the Sub Divisional Magistrate, Revenue Divisional Office, Vedasandur, Dindigul District.

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

24.04.2023 4/4