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Madras High CourtWP(MD)/14884/2014closed

Jamuna D/O.Sankaran, v. The Superintendent Of Police

2023-03-06Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD)No.1 of 2014 Jamuna ... Petitioner v.

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

2.The Inspector of Police, Ambathurai Police Station, Dindigul District.

3.Ganesan 4.Elangovan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents 2 & 3 from interfering in the civil dispute between the petitioner and the fourth 1/4

respondent and to consequently, directing the respondents 2 & 3 not to harass and threaten the petitioner to part with 1/2 share of the petitioner's property situated in Door No.4/5-P51, Nehru Street, Ponnagar Colony, Chinnalapatti, Dindigul District to the fourth respondent.

For Petitioner : Mr.J.Karthikeyan For Respondents : Mr.P.Kottai Chamy, Government Advocate (Crl. Side) for R.1, R.2 *****

ORDER

The petitioner, wife of the fourth respondent herein, has filed this writ petition seeking a mandamus forbearing the respondents 2 & 3 from interfering with the civil dispute pending between her and her husband. 2.When the matter came up for hearing, learned Government Advocate (Crl. Side), on instructions, submitted that the marriage between the petitioner and the fourth respondent was dissolved by judgment and decree dated 30.01.2013 passed by the Sub Court, Dindigul, in HMOP.No.10 of 2009. With regard to the civil disputes pending between the parties in O.S.No.55 of 2/4

2009 before the Additional District Munsif Court, Dindigul, the fourth respondent has obtained a decree in his favour. As against the same, the petitioner has preferred an appeal in AS.No.17 of 2013 before the Principal Sub Court, Dindigul and the same was dismissed by judgment dated 27.09.2013. However, without mentioning these details, the petitioner has moved this writ petition in the year 2014.

3.He further submitted that in any event, the third respondent herein, the then Inspector of Police, Ambathurai Police Station, Dindigul District, is not working at present in that Police Station, as such, the allegation that he is interfering with the civil dispute no longer subsists. Recording the submissions made by the learned Government Advocate (Crl. Side), this writ petition stands closed, as no further order is required to be passed. No costs. Consequently, connected miscellaneous petition stands closed.

Index : Yes / No 06.03.2023 NCC : Yes / No gk 3/4

B.PUGALENDHI, J.

gk To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Ambathurai Police Station, Dindigul District.

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