S.Abraham, S/O.Santhiyagu, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 12906 of 2017 S.Abraham : Petitioner Vs.

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

2.The Inspector of Police, Thogamalai Police Station, Thogamalai, Karur District.

3.Mariya Arokiam, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to take action against the third respondent and conduct preliminary enquiry based on the petitioner's complaint dated 04.07.2017 within the period that may be stipulated by this Court. For Petitioner : Mr.M.M.Saravanan For Respondents : Mr.A.K.Baskarapandian Special Government Pleader

O R D E R

*********** This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to take action against the third respondent and to conduct a preliminary enquiry based on the petitioner's complaint dated 04.07.2017.

2.The case of the petitioner is that the petitioner claims ownership over the property on the basis of Anumantha Patta which was issued by the Government in the year 1994 in his favour and he also stated that the third respondent has trespassed into his house and claims that he is a tenant in the said premises and doing "Thari" work.

3. It appears that there is a dispute between the petitioner and the third respondent with regard to the title and enjoyment of the property. The question of title and enjoyment cannot be decided on the basis of affidavit or self declaration. The petitioner can seek protection of his property in exercise of his civil right only by way of approaching Civil Court and the Civil Court is the competent authority to decide the question of title and enjoyment of the property, based on which, the truth and validity of the claim https://hcservices.ecourts.gov.in/hcservices/

made by the petitioner or the third respondent can be decided. In view of the above this Writ Petition is dismissed, with liberty is to the petitioner to approach the Civil Court for appropriate relief. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Thogamalai Police Station, Thogamalai, Karur District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.65616 +1cc to Mr.JEEN JOSEPH Advocate in SR. No.65410 CMR/DSS JS/JC/SAR.1/28.7.2017/2P-5C W.P.(MD) No. 12906 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/