Chithra.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.(MD).No.19899 of 2020 and W.M.P.(MD).No.16584 of 2020 C.Chitra ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.The Superintendent of Police, Theni District.

4.The Inspector of Police, Uthamapalayam Police Station, Theni District.

5.The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.

6.V.Subramani 7.Sivakami 1/5

8.Rajaram 9.Manju 10.Guruvammal

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 herein to break open the lock illegally laid by 10th respondent at the instance of respondents 6 to 9 for the ground floor house of petitioner bearing door.No. 10-5-11 North Mandaba Street, Uthamapalayam Taluk, Theni District for restoring possession to the petitioner and consequently direct the respondents 1 to 5 herein to give police protection to the life and property of petitioner and her children and initiate necessary action in accordance with law against the respondents 6 to 10 herein.

For Petitioner : Mr.K.Appadurai For R-1 and R-2 : Mr.C.Baskaran, Government Advocate (Civil Side) For R-3 to R-5 : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor.

For R-6 to R-10 : No Appearance

ORDER

This Writ Petition is filed for a Mandamus directing the respondents 1 to 5 herein to break open the lock illegally laid by 10th respondent at the instance of respondents 6 to 9 for the ground floor house of petitioner bearing door.No. 2/5

10-5-11 North Mandaba Street, Uthamapalayam Taluk, Theni District for restoring possession to the petitioner and consequently direct the respondents 1 to 5 herein to give police protection to the life and property of petitioner and her children and initiate necessary action in accordance with law against the respondents 6 to 10 herein.

2. The learned Additional Public Prosecutor appearing for the respondents 3 to 5 submitted that on the complaint given by the petitioner, a case was registered in Crime No.2080 of 2020 on the file of the fifth respondent and after investigation, a final report is ready and it is yet to be taken on file by the concerned Judicial Magistrate.

3. In view of the action taken by the respondent Police, nothing survives in the Writ Petition. This Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. 12.12.2022 Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.The District Collector, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni District.

3.The Superintendent of Police, Theni District.

4.The Inspector of Police, Uthamapalayam Police Station, Theni District.

5.The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.

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

4/5

SUNDER MOHAN, J.

Lm W.P.(MD).No.19899 of 2020 and W.M.P.(MD).No.16584 of 2020 12.12.2022 5/5