M.Selvaraju v. The Management Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Murugesan ... Petitioner Vs.
1.The Deputy Superintendent of Police, Musiri, Trichy District.
2.The Inspector of Police, Musiri Police Station, Trichy District.
3.Sekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 not to interfere with the civil dispute in respect of the 5 1⁄4 cents situates in Northern side of the 3rd respondent property in S.No.284/8A in Senthamangudi Village, Ayyampalayam, Musiri Taluk, Trichy District.
For Petitioner : Mr.Mohan.N For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) 1/5
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 not to interfere with the civil dispute in respect of the 5 1⁄4 cents situates in Northern side of the 3rd respondent property in S.No.284/8A in Senthamangudi Village, Ayyampalayam, Musiri Taluk, Trichy District.
2. Now the grievance of the petitioner is that in respect of the property, which was the subject matter of the suit in O.S.No.493 of 2004 on the file of the Principal District Musif Court, Musiri, which was filed by the third respondent herein for injunction was granted. After that making allegations against the petitioner, the third respondent makes frequent trouble. Another petition was filed by the third respondent in E.P.No.15 of 2022 for punishing the petitioner for willfull disobedience of the injunction order. After full enquiry, that petition was dismissed.
3. The learned Government Advocate (Crl.Side) would submit that only based upon the complaint given by the petitioner, enquiry was undertaken in C.No.748 of 2023. During the course of enquiry, both sides 2/5
appeared and the petitioner gave statement that he will workout his remedy through Survey Department. On the basis of the above said undertaking, the enquiry was closed.
4. In view of the submission made by the learned Government Advocate (Crl.Side), nothing survives for further consideration or direction in this matter. If the third respondent makes any trouble to the petitioner to take out the cow manure, the petitioner can workout his remedy through appropriate proceedings.
5. With the above said liberty, this writ petition stands disposed of. 03.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 3/5
To 1.The Deputy Superintendent of Police, Musiri, Trichy District.
2.The Inspector of Police, Musiri Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J Indu Order made in Dated : 03.10.2023 5/5