Arockiya Jeyamary @ v. The District Collecotr
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD)No.14167 of 2019 (Through video Conference) Arockiya Jeyamary @ Saraswathy .. Petitioner Vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Superintendent of Police, Thoothukudi District, Thoothukudi.
3.The Inspector of Police, (Circle Inspector), Seithinganallur Police Station, Seithinganallur, Thoothukudi District.
4.The Sub-Inspector of Police, Cherakulam Police Station, Cherakulam, Thoothukudi District.
5.C.Shanmugasundaram 6.Ganapathy .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the third and fourth respondents police for conducting "Katta Panchayat" on the basis of the alleged complaint given by the fifth respondent, in respect of the petitioner's property in S.No.1997/46 in Ramanujamputhur Village, Srivaikundam Taluk, Thoothukudi District, which is a civil dispute, on the basis of the petitioner's representation/Monday petition, dated 27.05.2019, within the time stipulated by this Court. For Petitioner : Mr.P.M.Vishnu Varthanan For R1 to R4 : Mr.A.Thiruvdai Kumar Additional Public Prosecutor For R6 : Mr.R.J.Karthick 1/3
O R D E R
This writ petition is filed seeking mandamus, direct the higher officials/respondents 1 and 2 to take appropriate action against the local police/respondents 3 and 4 for conducting "Katta Panchayat" on the basis of the complaint given by the fifth respondent. 2.According to the petitioner herein, there is a civil dispute between her and her brother, who is the fifth respondent herein. Based on the complaint given by her brother, the respondents 3 and 4 are conducting kangaroo Court. Hence, the writ petition is filed to take against the respondents 3 and 4.
3.The learned Additional Public Prosecutor would submit that the complaint was given by the fifth respondent against the petitioner herein and the same was taken as C.S.R.No.37 of 2019 and parties were summoned. Both the petitioner and the fifth respondent agreed to settle the dispute before the competent Civil Court. Regarding the same, the complaint has been closed and the respondent police has not conducted any Kkangaroo Court as alleged by the petitioner herein. As the parties themselves have decided to settle their dispute before the civil Court, the complaint of the fifth respondent closed.
4.The learned counsel for the petitioner would submit that the petitioner and her brother who is the fifth respondent herein now engaged to settle their dispute amicably and there is no threat from the respondent police.
5.In view of the submissions made by the respective counsels, the Writ Petition is dismissed, as nothing survives, due to efflux of time. No costs.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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.
2/3
To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Superintendent of Police, Thoothukudi District, Thoothukudi.
3.The Inspector of Police, (Circle Inspector), Seithinganallur Police Station, Seithinganallur, Thoothukudi District.
4.The Sub-Inspector of Police, Cherakulam Police Station, Cherakulam, Thoothukudi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.PM.VISHNUVARTHANAN, Advocate ( SR-2494[F] dated 25/01/2022 ) W.P.(MD)No.14167 of 2019 21.01.2022 nsn(CO) TR(02.02.2022) 3P 7C 3/3