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Madras High CourtWP(MD)/12634/2019dismissed

P.Rama,D/O.Padhmanaban, v. The Tahsildar,

2022-01-21Honourable Dr Justice G. Jayachandran2 pages

W.P (MD) No. 12364 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P. (MD). No. 12634 of 2019 and W.M.P. (MD) No. 9390 of 2019 P.Rama ... Petitioner -Vs1. Tahsildar, Kodaikanal, Dindugal District.

2. The Deputy Superintendent of Police, Kodaikanal, Dindugal District.

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

4. Regabavani @ Fathima Ragila ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing directing the second and third respondents to evict the fourth respondent from the petitioner's land in Survey Nos.438/3, 438/1B2, 438/1B4 of Vilpatti Village Group, Kodaikanal Taluk, Dindigul District on the basis of the proceedings made in Na.Ka.No.1327/2019/Aa1 dated 11.05.2019 on the file of the first respondent.

For Petitioner : Mr.V.Kannan For Respondents : Mr.P.Kottai Chamy Government Advocate for R1 to R3 Mr.P.Arun Jeyatram for R4

O R D E R

The Writ Petition is filed seeking a direction to the second and third respondents, i.e., Deputy Superintendent of Police and Inspector of Police, to evict the fourth respondent from the petitioner's land.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD) No. 12364 of 2019

2. According to the petitioner, Survey Nos. 438/1B2, and 438/1B4 at Vilpatti Village, Kodaikanal Taluk belong to her and the fourth respondent, who is the adjacent owner, illegally encroached upon the land.

3. The learned Government Advocate appearing for the first to third respondents states that the complaint given by the petitioner herein was taken up for investigation in Crime No. 178 of 2019 and after investigation, the same was closed as mistake of fact on 07.10.2019 and it was also intimated to the petitioner.

4. This Court finds that, it is a civil dispute regarding possession of immovable property and if the petitioner has any grievance, she has to work out her remedy before the appropriate Civil Court.

5. Recording the same, this Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) vji Note : In view of the present lock down owing to COVID-19 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. Tahsildar, Kodaikanal, Dindugal District.

2. The Deputy Superintendent of Police, Kodaikanal, Dindugal District.

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

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

W.P. (MD). No. 12634 of 2019 and W.M.P. (MD) No. 9390 of 2019 21.01.2022 MGJ(07.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2