N.Senthilkumar v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.8285 of 2018 N.Senthilkumar, ... Petitioner Vs
1. The Superintendent of Police,, Thanjavur District, District Police Office, Thanjavur..
2. The Commissioner, Kumbakonam Municipality,
3. The Deputy Superintendent, Of Police, Kumbakonam Division,
4. The Inspector of Police, West Police Station,
5. N.Sivaraj Alias Sivaji, S/o. Late Natarajan, No.43a, Lal Bagadur Sasthiri Road, Mathulampettai, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent police not to involve in civil dispute till decision of pending suit in O.S.No. 517/2015 on the file of learned District Munsif Court at Kumbakonam and to take necessary action for removing the illegal trespass and obstruction made by the 5th Respondent on public road without any right during the pendency of civil suit filed by him at the supervision of 1st and 2nd Respondents. For Petitioner : No appearance For Respondent : Mr.M.Rajarajan for R2 Mr.T.Senthilkumar for R1, R3 and R4 Additional Public Prosecutor No appearance for R5
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] None appears for the petitioner. We have heard the learned Additional Public Prosecutor for the respondents 1, 3 and 4 and
the learned counsel for the respondent No.2.
2. Relief claimed that the 4th respondent should not involve in civil dispute till decision of pending suit in O.S.No.517/2015 is purely imaginary. If the civil suit is pending, then necessary orders can be obtained in the pending civil suit. As far as the removal of obstruction is concerned, the petitioner may approach the authority as constituted under G.O.Ms.No.64 dated 08.02.2022.
3. The writ petition stands disposed of accordingly. However, there is no order as to costs.
[S.V.G., .C.J.] [L.V.G., J.] 30.11.2023
Index : Yes / No : Yes / No RR
To:
1. The Superintendent of Police,, Thanjavur District, District Police Office, Thanjavur..
2. The Commissioner, Kumbakonam Municipality,
3. The Deputy Superintendent, Of Police, Kumbakonam Division,
4. The Inspector of Police, West Police Station,
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.
RR 30.11.2023