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Madras High CourtWP Crl.(MD)/1770/2026disposed of

C.Muthukumar v. The Superintendent Of Police

2026-04-01Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Muthukumar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.

3.The Inspector of Police, Vallam Police Station, Thanjavur, Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents from interfering with the physical possession of the property which is a subject matter in O.S.No.57 of 2019 on the file of the District Munsif Court, Thanjavur.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

Seeking to forbear the respondents from interfering with the physical possession of the property, which is a subject matter in O.S.No.57 of 2019 on the file of the District Munsif Court, Thanjavur, this writ petition is filed. 1/4

2.The learned counsel appearing for the petitioner submitted that already a civil suit in O.S.No.57 of 2019 is pending on the file of the District Munsif Court, Thanjavur, at the instance of the petitioner. Despite the pendency of the said suit, the police is meddling with the peaceful possession and enjoyment of the property, which is the subject matter in O.S.No.57 of 2019. Hence, the above petition. 3.Considering the facts and circumstances of the case, the respondent police are directed to ensure that they are not meddling with the question of possession of enjoyment of the subject property in O.S.No.57 of 2019 pending on the file of the District Munsif Court, Thanjavur. If the respondent police finds that the property with respect to the complaint lodged by the private party as against the petitioner is not the subject matter in O.S.

No.57 of 2019, then they are at liberty to proceed in the manner known to law. It is also brought to the notice of this Court by the learned Government Advocate(crl.side) that already the complaint has been received from one Thenmozhi and the first information report in Crime No.109 of 2026 has been registered as against the petitioner. 4.Recording the same, this Writ Petition is disposed of. 01.04.

Yes / No Rmk 2/4

TO:- 1.The Superintendent of Police, Thanjavur, Thanjavur District.

2.The Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.

3.The Inspector of Police, Vallam Police Station, Thanjavur, Thanjavur District.

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

3/4

L.VICTORIA GOWRI, J.

Rmk Order made in Dated 01.04.2026 4/4