Radhakrishnan v. Deputy Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Radhakrishnan ... Petitioner /vs./ 1.Deputy Inspector General of Police, Tirunelveli.

2.The Superintendent of Police, Tirunelveli, Tirunelveli District.

3.Lakshmanan 4.Jothy Lal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent not to harass the petitioner by threatening the petitioner to vacate from the property admeasuring cents 37 in survey No.329/3 at Seevalaperi Village, Kalakkad Sub Registry Nanguneri Taluk, Tirunelveli District and to hand over the possession of the same to 4th respondent thereby interfering in civil matters that too when the appeal in 1/4

A.S.No.148 of 2013 is pending before this Court based upon the petitioner representation on 21.06.2014.

For Petitioner : Mr.S.R.Anbarasu For R1 to R3 : Mr.R.M.S.Sethuraman Additional Public Prosecutor For R4 : Mr.M.P.Senthil

ORDER

The Writ Petition is seeking for a Mandamus to direct the third respondent not to harass the petitioner by threatening him to vacate from the property in S.No.329/3 at Seevalaperi Village, Kalakkad Sub Registry Nanguneri Taluk, Tirunelveli District and to hand over the possession of the same to the fourth respondent thereby interfering in civil matters, when the appeal in A.S.No.148 of 2013 is pending before this Court, based upon the petitioner's representation dated 21.06.2014.

2.The aforesaid prayer has been made as there is a pending appeal suit in A.S.No.148 of 2013 on the file of this Court and hence, the petitioner should be protected. Now, it is brought to the notice of this Court that the appeal suit in 2/4

A.S.No.148 of 2013 filed by the predecessor in interest of the petitioner had been dismissed on 03.08.2022.

3.In view of the disposal of the appeal suit in A.S.No.148 of 2013, no further adjudication is required to be made in this writ petition and the parties are at liberty to seek remedy in view of the judgment and decree made in A.S.No.148 of 2013.

4.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs.

Speaking : Yes / No 02.02.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.Deputy Inspector General of Police, Tirunelveli.

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K.KUMARESH BABU, J.

mm 2.The Superintendent of Police, Tirunelveli, Tirunelveli District.

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