Subramaniyan vs The Revenue Divisional Officer on 10 January, 2018

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Madras High Court

Subramaniyan vs The Revenue Divisional Officer on 10 January, 2018

Bench: V.Bharathidasan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 10.01.2018  

CORAM   

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN             

W.P.(MD)No.1270 of 2017  

Subramaniyan                            ... Petitioner
Vs.

1.The Revenue Divisional Officer,
   Srirangam Revenue Division,
   Srirangam,
   Trichy District.

2.The Tahsildar,
   Srirangam Taluk,
   Trichy District.

3.The Executive Officer,
   A/m Mariamman Temple,  
   Inampuliyur,
   Officer at Somarasampettai,
   Srirangam Taluk,
   Trichy District.

4.The Inspector of Police,
   Somarasampettai Police Station,
   Srirangam Taluk,
   Trichy District.

5.Govindan 
6.Ponnusamy  
7.Palanisamy @ Ganesan   
8.Karuppan 
9.Ambedkar                              ... Respondents
(R5 to R9 are impleaded vide Court order
dated 13.02.2017 in W.M.P.(MD)No.1523 of 2017)  

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a  Writ of Mandamus, directing the first
respondent to constitute a peace committee on the basis of the representation
of the petitioner dated 12.12.2016 consequently direct the respondents to
pass appropriate orders to protect the right of the petitioner is the light
of the decree of this Court in S.A.No.711 of 1969 dated 17.11.1971 and order
of execution petition is E.P.No.111 of 2003 dated 08.08.2006.

!For Petitioner : Mr.T.Vadivelan
^For R1 to R4   : Mr.Aayiram K.Selvakumar  
                             Additional Government Pleader
        For R5 to R9    : No Appearance 


:ORDER

According to the petitioner he has already obtained a decree against the respondent in respect of his hereditary rights in the third respondent temple. Despite the decree, the third respondent is disturbing his rights and he has also field a Execution Petition and the same was ordered. In the Execution Petition the respondents 5 to 9 has given an undertaking that they will not disturb his possession. Despite that undertaking they are disturbing his possession and hence, the present Writ Petition has been filed.

2.Already the petitioner approached the Civil Court and alleged to have obtained a decree. If there is any violation of the decree passed by the Subordinate Court, Trichy, it is always open to the petitioner to get appropriate relief from the Civil Court, and the official respondents cannot do anything in this matter. Hence, this Writ Petition is dismissed. No costs.

1.The Revenue Divisional Officer, Srirangam Revenue Division, Srirangam, Trichy District.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The Executive Officer, A/m Mariamman Temple, Inampuliyur, Officer at Somarasampettai, Srirangam Taluk, Trichy District.

4.The Inspector of Police, Somarasampettai Police Station, Srirangam Taluk, Trichy District.

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