Vijayaprakash v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and W.M.P(MD) Nos.10402 to 10404 of 2022

1. Vijayaprakash

2. Ayyasamy

...Petitioners

Vs.

1. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2. The State Represented by The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

(In Crime No.231 of 2020)

3. G.Antony The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

4. Thirumalai Ganesan

5. Abbas

6. Ganesan

7. Arunkumar

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the Impugned Order passed by the first respondent in Na.Ka.No.A2/3322/2020, dated 09.06.2021 and quash the same as illegal, arbitrary and unsustainable.

For Petitioners : Mr.I.Velpradeep For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl Side)

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Certiorari, calling for the records pertaining to the Impugned Order passed by the first respondent in Na.Ka.No.A2/3322/2020, dated 09.06.2021 and quash the same as illegal, arbitrary and unsustainable.

2. The learned counsel for the petitioners submitted that there is a land dispute between the petitioners and the private respondents. In pursuance of the said dispute, the civil cases are also pending and criminal cases also registered in Crime Nos. 118 of 2013, 235 of 2017 and 122 of 2018, dated 17.05.2013, 29.09.2017 and 05.06.2018 respectively by the second respondent police. 2/6

3. In these circumstances, another case has been registered in Crime No.231 of 2020, dated 25.05.2020 and enquiry has been conducted by the Revenue Divisional Officer, and passed the impugned order vide in Na.Ka.No.A2/3322/2020, dated 09.06.2021, he ordered status quo till the disposal of the Civil Appeal pending between the parties. Now, the petitioners seeks to set aside the order.

4. A perusal of the records reveals that there is a dispute between the petitioners and the private respondents with regard to the properties in S.Nos.2/4C1, 2/4C3, 2/6B2, 2/6B3, 2/5B1, 2/5B4, 2/5B5 and 2/5B6 situated at Ramanathapuram Village, Vasudevanallur Taluk, Tenkasi District. In this connection, the first petitioner and 4 others has filed a Suit in O.S.No.95 of 2005, on the file of the Sub Court, Sankarankovil and judgment was passed on 28.06.2017 by declaring that the first petitioner and his brothers and sisters are the title holders of the subject property. The Court further granted an injunction the 4th respondent and his men not to interfere with the peaceful possession and enjoyment of the above said property. Challenging the same, the 4th respondent has preferred an appeal in A.S.No.91 of 2017 before the IV Additional 3/6

District Judge, Tirunelveli, and the same was dismissed, dated 30.07.2020. The petitioners has not filed any Execution Petition and therefore the 4th respondent has filed the second Appeal before this Court in S.A.S.R.(MD)Nos.10446 and 10447 of 2021.

5. In these circumstances, since there is a law and order problem, the Revenue Divisional Officer ordered to maintain status quo till the disposal of the Civil Appeal pending between the parties and he has not pass any order favourably to any one and there is no infirmity in the order of the Revenue Divisional Officer and hence the order of the Revenue Divisional Officer is confirmed.

6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 07.07.2022 Index :Yes/No ebsi 4/6

To

1. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

2. The State Represented by The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

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

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V.SIVAGNANAM., J ebsi 07.07.2022 6/6