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Madras High CourtWP(MD)/19927/2023disposed of

Singam S @ Nalluchamy v. The District Collector

2023-08-17Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.16459 of 2023 S.Singam @ Nalluchamy ... Petitioner Vs 1.The District Collector, 2.The Sub Collector, Office of District Collectorate, 3.The Superintendent of Police, 4.The Deputy Superintendent of Police, Ramanathapuram.

5.The State represented by the Inspector of Police, Kovilangulam Police Station, 6.The Tahsildar, Kamuthi Taluk, 7.V.N.Murugan

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing respondent Nos.3 to 5 to forbear respondent No.7 from any manner of trespassing or causing any hindrance to the petitioner's property situated in Old S.No.141/2 in New S.No.369/3, Ariyamangalam Village, on the basis of the petitioner's complaint in C.S.R.No. 55 of 2023, dated 14.06.2023, pending investigation on the file of the fifth respondent within the time stipulated by this Court. For Petitioner : Mr.K.Dinesh For R-1 to R-6 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a mandamus directing respondent Nos.3 to 5 from directing them to provide protection to the petitioner against respondent No.7, who has been from trespassing or causing hindrance to the petitioner's property in respect of the property in Old S.No.141/2 in New S.No.369/3 situated at Ariyamangalam Village.

2. It is submitted by learned counsel for the petitioner that he is the senior citizen and the owner of the property bearing Old S.No.141/2 in New S.No.369/3. The unofficial respondent No.7 without any right in respect of the property trying to intervene and trespass the same. Therefore, sought for suitable directions.

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3. Learned Government Advocate (Criminal Side) on the other hand submits that respondent No.7 is raising constructions over the said property and the petition filed by the petitioner is numbered as C.S.R.No.55 of 2023 and the enquiry is pending and requested short time to complete the same.

4. Therefore, the writ petition is disposed of, directing the respondent Police to dispose of the representation of the petitioner in C.S.R.No. 55 of 2023 within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

17.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector, 2.The Sub Collector, Office of District Collectorate, 3.The Superintendent of Police, 4.The Deputy Superintendent of Police, Ramanathapuram.

5.The Inspector of Police, Kovilangulam Police Station, 3/4

DR.D.NAGARJUN, J.

tsg 6.The Tahsildar, Kamuthi Taluk, 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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