Madras High CourtWP(MD)/20855/2021disposed of

Nagarajan.P v. The Secretary To The Government

2021-12-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)No.17467 of 2021 1.P.Nagarajan 2.P.Kanthaswamy 3.P.Elaiyaperumal ... Petitioners vs.

1.The Secretary to Government, Home Department, State of Tamil nadu, Fort St.George, Chennai.

2.The Superintendent of Police, Nagercoil, Kanyakumari District.

3.The Deputy Superintendent of Police, Nagercoil Town, 4.The Inspector of Police, Kottar, Nagercoil, 5.P.Narayanan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 4th respondent to hand over the shop key to us for the shop Nos.14/1/541, 14/1/542A and 14/1/543 that situate at Cape Road, Kottar, Nagercoil holding under the name of enquiry and pending disposal of Civil Suit in O.S.No.291/2021 on the file of the Principal District Munsif Court, Nagercoil.

For Petitioners : Mr.S.Sureshkumar For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor for R1 to R4 Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi for R5 1/3

ORDER

The petitioners and the fifth respondent are brothers. In respect of the shop in question, there is a civil dispute between them. The petitioners have already filed O.S No.208 of 2021 on the file of the Principal District Munsif Court, Nagercoil. It is for the parties to workout their respective rights before the said Court. In a Writ Petition filed under Article 226 of the Constitution of India, contentious factual aspects of the matter cannot be gone into. The prayer in the writ petition is for directing the respondents to hand over the key for the petition mentioned shops. It is firmly asserted by the learned Additional Public Prosecutor appearing for the respondent police that the respondent police are not having the key for the petition mentioned shops.

2.The writ petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) skm Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Government, Home Department, State of Tamil nadu, Fort St.George, Chennai.

2.The Superintendent of Police, Nagercoil, Kanyakumari District.

3.The Deputy Superintendent of Police, Nagercoil Town, 2/3

4.The Inspector of Police, Kottar, Nagercoil, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.NALLATHAMBI, Advocate (SR-37850[F] dated 08/12/2021) and WMP(MD)No.17467 of 2021 06.12.2021 NSN(CO) SB(21.12.2021) 3P 7C 3/3