Lakhsmi, v. The Superintendent Of Police

W.P.(MD)No.4078 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4078 of 2016 and W.M.P.(MD).Nos.3657 and 4143 of 2016 Lakshmi ... Petitioner Vs.

1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, Thuvakudi Police Station, Trichy District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the second respondent from interfering in the civil dispute in regarding to 'B' Schedule property except due process of law on the basis of the petitioner's representation dated 16.02.2016.

For Petitioner : Mr.C.Susi Kumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent not to interfere with the civil dispute regarding 'B' Schedule property, except due process of law.

2. Heard both sides.

3. The grievance of the petitioner is that she is in possession and enjoyment of the property in Survey No.428, Thiruverumbur, Tiruchirapalli. Now, the Tamil Nadu Small Industries Development Corporation Limited claiming right over the property and said to have given a complaint against the petitioner. Based on the https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD)No.4078 of 2016 complaint, the second respondent police is harassing the petitioner. In respect of the very same property, a civil suit is pending between the parties in O.S.No.1227 of 2005 before the District Munsif Court, Trichy and pending civil suit, the second respondent police is interfering with the petitioner's right.

4. The learned Government Advocate (Crl.side) would submit that a complaint has been given by the Manager of SIDCO alleging that the property belongs to the Tamil Nadu Small Industries Corporation Limited and based on the complaint, enquiry has been conducted by the second respondent police and closed the same as civil dispute between the parties.

5. Considering the fact that based on the complaint given by the Tamil Nadu Small Industries Corporation Limited, enquiry has been conducted and closed as civil dispute between the parties, no further order is necessary in this writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) akv To 1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, Thuvakudi Police Station, Trichy District.

+1 CC to M/s.M.SUBASH BABU, Advocate ( SR-79091[F] dated 01/08/2019 ) W.P.(MD)No.4078 of 2016 Dated: 30.07.2019 KK/SAR/28.08.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4