Madras High CourtWP(MD)/7518/2015disposed of

R.Erakkaperumal v. The Superintendent Of Police

2020-11-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.7518 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.7518 of 2015 and MP(MD)No.1 of 2015 R.Erakkaperumal ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur.

2.The Inspector of Police, East Police Station, Keezhavasal, Thanjavur.

3.S.Abdul Wahab ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, forbearing the 2nd respondent from interfering with the civil dispute in respect of the property in T.S.No.839-E, Ward No.5, Attumanthai Street, Keezhavasal, Thanjavur, upon which the second appeal in S.A.No.753/12 is pending on the file of this Court.

For Petitioner : Mr.H.Arumugam For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R3 : No Appearance

ORDER

This writ petition has been filed to forbear the 2nd respondent from interfering with the petitioner's peaceful possession and enjoyment of the disputed property.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 & 2.

3. The learned Government Advocate (Crl.Side) would submit that there is a property dispute between the petitioner and the 3rd respondent herein. Regarding the said issue, a suit in S.A.No.753 of 2012 is pending before this Court. Therefore, in the civil dispute between the petitioner and the 3rd respondent, the 1st and 2nd respondents have no role to play, except any offence committed by the petitioner or by the 3rd respondent herein.

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W.P.(MD)No.7518 of 2015 4.In view of the same, the 1st and 2nd respondents are directed not to interfere with the civil dispute pending between the petitioner and the 3rd respondent herein, except any crime committed by the petitioner or by the 3rd respondent herein.

5.with the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) dss 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 Superintendent of Police, Thanjavur.

2.The Inspector of Police, East Police Station, Keezhavasal, Thanjavur.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-22908[F] dated 26/11/2020 ) W.P.(MD)No.7518 of 2015 and MP(MD)No.1 of 2015 24.11.2019 CK(CO) KB(03.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2