Ochukalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Ochukalai : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

3.Thiraviyam 4.Tharmar : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent not to interfere into the civil dispute between the petitioner and the private respondents 3 and 4, by considering the petitioner's representation, dated 02.10.2024. For Petitioner : Mr.D.S.Harron Rasheed, 1/4

For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

for R1 and R2.

: Mr.J.Senthil Kumaraiah, for R3.

O R D E R

This Writ Petition has been filed seeking orders to direct the second respondent not to interfere into the civil dispute between the petitioner and the private respondents 3 and 4, by considering the petitioner's representation, dated 02.10.2024.

2. The learned counsel appearing for the petitioner would submit that though the first appeal in A.S.No.22 of 2019 was dismissed on 19.08.2024, the petitioner has taken steps to prefer the second appeal and meanwhile, at the instance of the private respondents, the second respondent has been attempting to enter into the property forcibly.

3. The learned counsel appearing for the third respondent would submit that the private respondents have been in possession and enjoyment of the property for the past 50 years and hence, the question of disturbing possession does not arise.

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4. The learned Additional Public Prosecutor appearing for the State would submit that on the basis of the complaint given by the third respondent's son, CSR.No.442 of 2024 came to be registered and after enquiry, the same was ordered to be closed.

5. Recording the submission made by the learned Additional Public Prosecutor, this writ petition stands disposed of. No costs. 14.10.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

das Order made in 14.10.2024 4/4