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Madras High CourtWP(MD)/16303/2021disposed of

Manikandan v. The Superintendent Of Police

2021-10-21Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.16303 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.16303 of 2021 Manikandan

...Petitioner

Vs.

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

2.The Inspector of Police, Thiruppachetti Police Station, Sivagangai District.

3.Senthilkumar

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent police to take necessary action against the third respondent and his brothers namely Kaleeswaran and Sureshkumar for illegal trespassing & encroaching and to grab the petitioner's property and to give necessary police protection to the petitioner's life and limb including his property situated in Sivagangai District, Thiruppuvanam, Thiruppachetti South Village, Survey No.2/2B extend of 1 acre 57 cents from land grabbers based on the petitioner's representation dated 17.08.2021.

For Petitioner : Mr.A.Banumathy For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor.

O R D E R

This Writ Petition has been filed seeking Writ of Mandamus, to direct the second respondent herein to take necessary action on the basis of the complaint given by the petitioner on 17.08.2021. 2.When the matter was taken up for hearing on 09.09.2021, the learned Additional Public Prosecutor has submitted that based upon the complaint given by the petitioner, enquiry was undertaken in CP No.9522 of 2021 and during the course of enquiry, it was found that both the parties claiming right over the property, in respect of which, dispute arose between them. It was also mentioned that the private respondents filed a suit before the Subordinate Court, Manamadurai. But, copies of the above suit records are not produced and the petitioner also going to file suit before the concerned Court and based on which, the parties were directed to work out their remedy through appropriate civil proceedings and on that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16303 of 2021 basis, the complaint given by the petitioner was closed on 05.07.2021.

3.Since the complaint has been closed, nothing survives for further consideration or direction in this petition. The petitioner has to work out his remedy through appropriate civil proceedings. 4.With the above said liberty, this Writ Petition is disposed of as infructuous. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruppachetti Police Station, Sivagangai District.

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

Order made in W.P.(MD)No.16303 of 2021 21.10.2021 MMS(CO) GC/JGB(02.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2