Madras High CourtWP(MD)/5217/2013disposed of

Petchiammal, v. The Superintendent Of Police,

2017-11-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5217 of 2013 and MP(MD)No.1 of 2013 Petchiammal ... Petitioner -vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Chekkanoorani Police Station, Madurai District.

3. The Sub Inspector of Police, Chekkanoorani Police Station, Madurai District.

4. P.Rajapandi

5. R.Renuka ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 3rd respondent from interfering with the rights of the parties pertaining to civil dispute between the petitioner and 4th and 5th respondents.

For Petitioner : Mr.D.Sadiq Raja For R1 to R3 : Mr.M.Alagathevan Special Government Pleader For R4 & R5 : M/s.J.Anandhavalli

O R D E R

This writ petition has been filed, seeking issuance of a Writ of Mandamus, forbearing the third respondent from interfering with the rights of the parties pertaining to civil dispute between the petitioner and the respondents 4 and 5.

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader for the respondents 1 to 3 and the learned counsel for the respondents 4 and 5. https://hcservices.ecourts.gov.in/hcservices/ 3.According to the petitioner, the respondents 4 and 5

herein have made an attempt to encroach the property of the petitioner in S.No.159/3A2, situated at K.Nagar, A.Kokulam, Chekkanoorani, Madurai District. Hence, the petitioner's husband preferred complaints before the first and third respondents and pursuant to the same, the third respondent has made interference with the civil dispute of the petitioner and respondents 4 and 5. Hence, the petitioner is before this Court by filing the present writ petition.

4.It is seen from the typed set of papers that already a suit in O.S.No.108 of 2013 is pending on the file of the District Munsif Court, Thirumangalam with regard to the disputed property, and therefore, the parties are directed to agitate their grievance before the civil Court in the pending suit.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, MP(MD)No.1 of 2013 is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Chekkanoorani Police Station, Madurai District.

3. The Sub Inspector of Police, Chekkanoorani Police Station, Madurai District.

+ 1 CC TO M/s.J.ANANDHAVALLI, ADVOCATE IN SR No. 89457 MJ TE/SV-MMS/SAR-4 : 21/12/2017 : 2P/5C W.P(MD)No.5217 of 2013 and MP(MD)No.1 of 2013 24.11.2017 https://hcservices.ecourts.gov.in/hcservices/