P. Thanesh, v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) No.1 of 2014 P.Thanesh ... Petitioner /vs./ 1.The Superintendent of Police, O/o. Superintendent of Police, 2.Somasundaram 3.Kathiravan 4.Kathiresan 5.Periyasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to take action against the respondents 2 to 5 with regard to the complaint and representation dated 17.12.2014 of the petitioner and forbearing the 2nd respondent or his subordinates 1/4

from interfering with the civil dispute in the common public pathway in Door No. 3/202 and in Survey No.444/2A1 at Palayakayal Village, Srivaikundam Taluk, For Petitioner : Mr.S.Siva Thilakar For R1 & R2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor For R3 to R5 : Mr.S.Deenadhayalan

ORDER

The writ petition is seeking for a Mandamus to direct the first respondent to take action against the respondents 2 to 5 with regard to the complaint dated 17.12.2014 and to forbear the second respondent from interfering with the civil dispute in the common public pathway in D.No. 3/202 and in S.No.444/2A1 at Palayakayal Village, Srivaikundam Taluk, Tuticorin District. 2.The second respondent had filed a counter affidavit making a specific averment that he is not interfering with the rights of the petitioner. 2/4

3.Recording the same, no further adjudication is required to be made in this writ petition and the Writ Petition is accordingly closed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 02.02.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To The Superintendent of Police, O/o. Superintendent of Police, 3/4

K.KUMARESH BABU, J.

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