Thenmozhi, v. The Supdt. Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)Nos.9545 & 1454/2014 & MP(MD)Nos.1/2014 & 1/2015 & 1/2015 Thenmozhi
...Petitioner in both petitions
Vs 1.The Superintendent of Police, Thanjavur, Thanjavur District.
2.The Deputy Superintendent of Police, 3.The Inspector of Police, 4.The Sub Inspector of Police, 5.Rangasamy Naidu 6.R.Raman 7.R.Lakshmanan
...Respondents in WP(MD)No.9545/2014
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1.The Deputy Superintendent of Police, 2.The Sub Inspector of Police, 3.Rangasamy Naidu 4.R.Raman 5.R.Lakshmanan
...Respondents in WP(MD)No.1454/2014
Prayer in WP(MD)No.9545/2014: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take action on the respondents 3 to 7 based on the petitioner's complaint dated 04.03.2014, within the time stipulated by this Court.
Prayer in WP(MD)No.1454/2014: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent not to interfere and harass the petitioner in respect of the petitioner's property situated in Re.Sy.No.185/8, subdivided as Re.Sy.No.185/8A and Re.Sy.No.185/8B, west street, Elumichangapalayam, Tharasuram Post, Kumbakonam Taluk, Thanjavur District.
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In WP(MD)No.9545/2014 For Petitioner :
Mrs.P.Kalayarasi Bharathi For Respondents :
Mr.P.Kottai Chamy, Government Advocate for R1 to R4 Mr.R.Rajaraman for R6 and R7 In WP(MD)No.1454/2014 For Petitioner :
Mrs.P.Kalayarasi Bharathi For Respondents :
Mr.P.Kottai Chamy, Government Advocate for R1 & R2 Mr.R.Rajaraman for R4 & R5 C O M M O N O R D E R The writ petition in WP(MD)No.9545/2014 is filed for a mandamus directing the first respondent to take action against the respondents 3 to 7 based on the petitioner's complaint dated 04.03.2014. The writ petition in WP(MD)No.1454/2014 is filed for a mandamus directing the second respondent not to interfere and harass the petitioner in respect of the petitioner's property situated in Re.Sy.No.185/8, 3/6
subdivided as Re.Sy.No.185/8A and Re.Sy.No.185/8B, west street, Elumichangapalayam, Tharasuram Post, Kumbakonam Taluk, Thanjavur District.
2. The parties are referred to as per their ranking in the writ petition in WP(MD)No.9545/2014.
3. The learned counsel for the respondents 6 and 7 submits that this petitioner has filed a suit for injunction as against the respondents 6 and 7 before the District Munsif Court, Kumbakonam in OS.No. 591/2012 and the same was dismissed by the Trial Court by Judgment and Decree dated 10.10.2017. This petitioner in order to intimidate the respondents 6 and 7 has filed these writ petitions.
4. The learned counsel for the petitioner submits that the petitioner has preferred an appeal in AS.No.8/2019 on the file of the Sub Court, Kumbakonam as against the Judgment and Decree passed by the Trial Court.
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5. Considering the fact that this petitioner has already approached the Civil Court and suffered a decree and that this petitioner has also filed an appeal in AS.No.8/2019 before the Sub Court, Kumbakonam, these writ petitions are dismissed with a liberty to the petitioner to work out her remedy before the appropriate Court. No costs. Consequently, the connected Miscellaneous Petitions are closed. 09.03.2023 NCC: Yes / No Index :Yes / No Speaking Order : Yes / No mbi To 1.The Superintendent of Police, Thanjavur, Thanjavur District.
2.The Deputy Superintendent of Police, 3.The Inspector of Police, 4.The Sub Inspector of Police, 5/6
B.PUGALENDHI, J.
mbi 09.03.2023 6/6