Muthuramu v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.4158 of 2017 & WMP (MD) No.3310/2017 Muthuramu ... Petitioner -vs1.

The Deputy Superintendent of Police, Tirumangalam Taluk, Madurai District.

2.

The Inspector of Police, Tirumangalam Taluk, Madurai District.

3.

DR.FRANCIS EDUCATIONAL TRUST REP. BY M.JEYAKANNAN, HAVING OFFICE AT 18-8/250/32, RAKSHAPURAM COLONY, SAIDABAD HYDERABAD-500059, ANDRAPRADESH.

4.

REV.SISTER ALPHONSA ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, forbearing the respondents 1 and 2 from interfering in the civil dispute in O.S.No.49/2017 on the file of the District Munsif Court, Tirumangalam on the basis of the complaints lodged by the respondents 3 & 4 in respect of the property situated at Tirumangalam Sub District, Karisal Patti Village, Madurai District, comprised in S.No.32/2, Door Nos.104/1, 104/3 to an extent of 15042 sq.feet.

For Petitioner :

Mr.R.G.Shankar Ganesh For R1 & R2 :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader

O R D E R

This petition has been filed, seeking to forbear the respondents 1 and 2 from interfering in the civil dispute in O.S.No.49/2017 on the file of the District Munsif Court, Tirumangalam on the basis of the complaints lodged by the https://hcservices.ecourts.gov.in/hcservices/

respondents 3 & 4 in respect of the property situated at Tirumangalam Sub District, Karisal Patti Village, Madurai District, comprised in S.No.32/2, Door Nos.104/1, 104/3 to an extent of 15042 sq.feet.

2. When the matter was taken up for hearing, it is brought to the notice of this Court that the 4th respondent has given a complaint to the Police, alleging that it is the petitioner, who has come to the School and tried to illegally evict them, on the ground that he purchased the school.

3. On the said complaint, petition enquiry is pending in CSR No.76 of 2017. Under such circumstances, this Court will not countenance this sort of high-handedness by the petitioner. Therefore, the relief as prayed for by the petitioner cannot be granted and this petition stands dismissed, with a direction to the respondent police to conduct a thorough enquiry in CSR No.76 of 2017 and take action in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar To:

1.

The Deputy Superintendent of Police, Tirumangalam Taluk, Madurai District.

2.

The Inspector of Police, Tirumangalam Taluk, Madurai District.

+ 1 CC TO Mr.R.G.SHANKAR GANESH, ADVOCATE IN SR No. 15336 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 14728 AR TE/RR : 27/03/2017 : 2P/5C W.P.(MD) No.4158 of 2017 and WMP (MD) No.3310/2017 14.03.2017 https://hcservices.ecourts.gov.in/hcservices/