V.Dhanalakshmi, v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.05.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P(MD)No.8164 of 2015 & MP(MD)No.1 of 2015 V.Dhanalakshmi ... Petitioner Vs.

1.The Director General of Police, Chennai.

2.The Superintendent of Police, Dindigul, Dindigul district.

3.The Divisional Engineer, (Construction & Maintenance) Highways Department, Dindigul.

4.The Inspector of Police, Nilakottai Police Station, Nilakottai, Dindigul.

5.Suresh Inspector of Police, Nilakottai Police Station, Nilakottai, Dindigul.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to dispose of the petitioner's representations dated 24.04.2015 and 12.05.2015 within a time frame fixed by this Court directing the respondents 4 and 5 not to interfere in the petitioner's possession and enjoyment of the property in Pula No.446/3 measuring about 15 cents situated at Duraisamypuram, Nilakottai Taluk, Dindigul District considering the civil nature of the same, not otherwise than due process of law.

For Petitioners : Mr.C.Bethenasamy For RR - 1 to 5 : Mr.M.Murugan Additional Govt.Pleader

ORDER

The petitioner has filed this Writ Petition for issuance of Writ of Mandamus to direct the respondents 1 to 3 to dispose of the petitioner's representations dated 24.04.2015 and 12.05.2015, directing the respondents 4 and 5 not to interfere in the possession and enjoyment of the property in Pula No.446/3 measuring about 15 cents situated at Duraisamypuram, Nilakottai Taluk, Dindigul District. https://hcservices.ecourts.gov.in/hcservices/

2. The allegation made by the petitioner is that possession and enjoyment of the petitioner of the land in question has not been interfered by the Revenue Authorities. But the fourth respondent has taken the law into hands, interfered with the petitioner's enjoyment.

3. The learned Additional Government Pleader, on instruction, would submit that the encroachment has been directed to be removed and in this regard, Highways Department and Revenue Officials are taking appropriate action in accordance with law. The respondents 4 and 5 are not interfered in the eviction process in their individual capacity and the officials of the Revenue Department and Highways Department are proceeding with the process of eviction.

4. In the light of the submission made by the learned Additional Government Pleader on behalf of the respondents 4 and 5, this Writ Petition is disposed of. No costs. However, it is open to the Revenue Officials and Highways Department to proceed in accordance with law and the respondents 4 and 5 need not interfere in the eviction proceedings initiated by the Revenue Officials.

Consequently, connected Miscellaneous petition is closed.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To 1.The Director General of Police, Chennai.

2.The Superintendent of Police, Dindigul, Dindigul district.

3.The Divisional Engineer, (Construction & Maintenance) Highways Department, Dindigul.

4.The Inspector of Police, Nilakottai Police Station, Nilakottai, Dindigul. +1cc to MR.C.BETHANA SAMY, ADVOCATE IN SR : 25401 +1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 25459 Mj/RR SR/AMF : 18.05.2015 : 2p/7c W.P(MD)No.8164 of 2015 & MP(MD)No.1 of 2015 14.05.2015 https://hcservices.ecourts.gov.in/hcservices/