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Madras High CourtWP(MD)/10449/2016disposed of

S.Vedhamuthu, S/O. Sinnappan, v. The District Collector,

2016-08-02Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Vedhamuthu ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, 2.The Superintendent of Police, Ramanathapuram District, 3.The District Revenue Officer, Ramanthapuram District, 4.N.Dharmar 5.Murugan 6.Chandran 7.Suresh Pandian ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to conduct detail enquiry thereby take appropriate action against the respondents 4 to 7 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For R1 to R3 : Mr.K.Suyambulinga Bharathi, Government Advocate(Crl.side)

ORDER

Heard the learned counsel for the petitioner. Perused the affidavit along with the petition.

1/3

2.The petitioner herein contended that land to the extent of 13 acres situated in Nedumaram Village, Thiruvadanai Taluk, originally owned by one Mariya Soosai Udayar, son of Yagappa Udayar. This petitioner claims to be one of the grandson of the said Mariya Soosai Udayar born through his daughter.

3.The petitioner alleges that the fourth respondent in the writ petition has forged the revenue records and created documents as if one Mariya Soosai Udayar's son namely Alex Irudhayaraj, resident of Bangalore, is the owner of the said property. In this regard, civil suit is pending on the file of the District Munsif Court, Thiruvadanai and also a case has been registered in crime No.20 of 2014 alleging that the respondents 4 to 7 who are the police officials attached to the Thiruvadanai Police Station, misusing their power, joined hands with persons, who have committed forgery to create document and trying to interfere in the right of the petitioner and therefore, the petitioner has given representation to the Deputy Superintendent of Police to take action against the respondents 4 to 7 for sailing with the accused persons. 4.

This Court finds that averments made in the affidavit is purely in civil nature and there is no material to show that Police Officials has unnecessarily interfering in the civil dispute. In fact, in the material placed by the learned Government Advocate (Crl.side), this Court finds that due to law and order problem created by two groups, one group lead by the petitioner herein and another group lead by one Jeyaraj, the Police has initiated proceedings under Section 145 Cr.P.C., and it is now reported that the parties have entered into compromise in respect of Section 145 Cr.P.C., proceedings and they have decided to workout their remedy before the civil Court. In such circumstances, there is no merits in the present writ petition. Hence, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar /TRUE COPY/ / /2020 Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, 2.The Superintendent of Police, Ramanathapuram District, 2/3

3.The District Revenue Officer, Ramanthapuram District, +1. C.C. to M/S.G.Thalaimutharasu, Advocate SR.No. 11857 12.03.2020 gns JM/12.05.2020/3P/5C 3/3