Madras High CourtWP(MD)/21883/2018dismissed

Bose, v. The District Revenue Officer,

2019-09-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.21883 of 2018 and W.M.P.(MD)No.19822 of 2018 Bose ... Petitioner -vs1.The District Revenue Officer, 2.The Revenue Divisional Officer, Sivagangai, 3.The Tahsildar, Ilayangudi Taluk, 4.The Superintendent of Police, 5.The Inspector of Police, Kalayarkoil Police Station, 6.K.Chandra Bose ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fifth respondent not to interfere in the civil dispute regarding the land properties in S.Nos.217/1, 217/2, 217/3, 217/4, 217/5, 217/6 of Thayanur, Karaikulam Village Group, Ilayangudi Taluk, Sivagangai District till the disposal of the Revision Petition in E4/18499/2018 dated 28.09.2018 on the file of the first respondent.

For Petitioner : No Appearance For R1 to R5 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

For R6 : Mr.S.Pugalendhi

ORDER

This Writ Petition has been filed to direct the fifth respondent not to interfere in the civil dispute regarding the land properties in S.Nos.217/1, 217/2, 217/3, 217/4, 217/5, 217/6 of Thayanur, Karaikulam Village Group, Ilayangudi Taluk, Sivagangai District till the disposal of the Revision Petition in E4/18499/2018 dated 28.09.2018 on the file of the first respondent.

2.Today, when the matter is taken up for hearing, the learned Government Advcoate(Crl.side) appearing for the official respondents submitted that the petitioner is an encroacher on the basis of order passed by the second respondent dated 28.08.2018. The second respondent directed the third respondent to remove the encroachment of the petitioner, in accordance with law. He further submitted that one of the villager namely, Muthukumar, preferred a complaint as against the petitioner in respect of the petitioner's encroachment and also for taking steps to remove the encroachment and therefore, the petitioner threatened the said Muthukumar and also scolded in filthy language.

Hence, the fifth respondent registered a case in crime No573 of 2018 for the offence punishable under Sections 147, 294(b), 420, 447 and 506(i) IPC in which, the petitioner herein arrayed as A4. 3.In view of the submission made by the submission made by the learned Government Advocate(Crl.side), this Writ Petition seeking direction to the fifth respondent not to interfere in the civil dispute, does not arise at all and this petition is devoid of merits. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) gns To 1.The District Revenue Officer, 2.

3.The Tahsildar, Ilayangudi Taluk, 4.The Superintendent of Police, 5.The Inspector of Police, Kalayarkoil Police Station, 6.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai W.P.(MD)No.21883 of 2018 05.09.2019 KM/(18.09.2019) 3P 7C