Pothumani.P v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.28530 of 2023 P.Pothumani ... Petitioner Vs.

1.The Commissioner of Police, Madurai City 2.The Inspector of Police D1, Thallakulam Police Station (L and O), Madurai.

3.The Tahsildar, Commissionerate Survey and Settlement, North Taluk, Madurai 4.The Surveyor, North Taluk, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to give adequate protection to the 3rd and 4th respondents and measure vacant house site land about 561 Sq. Ft of plot No.76 comprised in R.S.No.16/1 situated at No.38, N.Aathikulam Village, Madurai North Taluk, Madurai District, which is owned by the petitioner within the reasonable time stipulated by this Court. 1/4

For Petitioner :Mr.M.Sakundala Devi For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

O R D E R

This Writ Petition is filed in the nature of Writ of Mandamus, to direct the respondents 1 and 2 to give adequate protection to the 3rd and 4th respondents and measure vacant house site land about 561 Sq. Ft of plot No.76 comprised in R.S.No.16/1 situated at No.38, N.Aathikulam Village, Madurai North Taluk, Madurai District, which is owned by the petitioner within the reasonable time stipulated by this Court.

2. Noting that an earlier application for similar relief was filed by the petitioner in Crl.O.P(MD) No.14747 of 2023. By the order, dated 23.08.2023, the petitioner was directed to appear before the respondent Police in respect of the enquiry in both CSR on 31.08.2023. Today, the petitioner is present before this Court and stated that without proper knowledge, she filed the second application seeking very same relief.

3. The learned Government Advocate (Crl.side) would submit that on the basis of the earlier order, measurement was made. The petitioner 2/4

did not appear before the respondents Police. Further. the private respondent constructed a house in the property under dispute and they are residing in it. The petitioner has to workout her remedy through appropriate proceedings. There is no question of filing repeated applications.

4. With this direction, this Writ Petition is dismissed. No costs. 19.12.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No INDU To 1.The Commissioner of Police, Madurai City.

2. The Inspector of Police D1, Thallakulam Police Station (L and O), Madurai 3.The Tahsildar Commissionerate Survey and Settlement, North Taluk, Madurai 4.The Surveyor North Taluk, Madurai.

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

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G.ILANGOVAN, J INDU Order made in W.P(MD) No.28530 of 2023 Dated 19.12.2023 4/4