N.Karpagavalli vs The Assistant Commissioner Of Police on 5 September, 2023

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Madras High Court

N.Karpagavalli vs The Assistant Commissioner Of Police on 5 September, 2023

Bench: N.Anand Venkatesh

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 05.09.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.26044 of 2023

              N.Karpagavalli                                                             ... Petitioner
                                                        Vs.

              1.The Assistant Commissioner of Police,
                Ennore Range,
                Ennore, Chennai – 600 057.

              2.The Inspector of Police (Law and Order)
                M-5, Ennore Police Station,
                Ennore, Chennai – 600 057.

              3.The Inspector of Police (Crime),
                M-5, Ennore Police Station,
                Ennore, Chennai – 600 057.

              4.P.Rajasekaran                                                         ...Respondents

              Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased
              to issue a Writ of Mandamus, directing the 2 nd respondent not to prevent the petitioner
              from carrying out repair works, such as to replace the damaged roof, renovate the
              bathroom and also to clean the bushes at the premises, situated at Plot No.14, Door
              No.25, Pillai Thottam, Ennore, Chenni – 600 057.




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                                     For Petitioners    : Mr.R.Munusamy

                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor for R1 to R3

                                                       ORDER

This writ petition has been filed for a direction to the 2 nd respondent not to interfere with the possession and enjoyment of the petitioner in the subject property at Plot No.14, Door No.25, Pillai Thottam, Ennore, Chenni – 600 057.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents 1 to 3.

3.It is seen from records that the proceedings between the petitioner and the 4 th respondent had reached the execution stage in E.P.No.80 of 2011 and they both entered into a compromise and a memo was also filed before the learned District Munsif Court, Thiruvottiyur. and as per the memo, possession was also delivered and the based on this compromise, the execution proceedings itself was disposed of by the learned District Munsif, Thiruvottiyur by order dated 19.10.2019.

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4.Thereafter, there seems to be repeated complaints given by the petitioner since the private respondent and others were attempting to stop the petitioner from enjoying the property. This resulted in the initiation of proceedings under Section 145 of Cr.P.C., before the Revenue Divisional Officer, Tondairpet Division. When the proceedings were pending before the Revenue Divisional Officer, the petitioner and three others filed W.P.No.19231 of 2021 before this Court. This Court disposed of the writ petition by order dated 27.09.2021 and the relevant portions are extracted hereunder:

3. The learned counsel appearing for the 5th respondent has filed his counter and submitted that even though the petitioner was aware about the out come of the 145 of Cr.P.C., proceedings, this writ petition has been filed suppressing the said proceedings. As per the Village Revenue Records, an extent of 0.25.0 Ares in S.No.73/1, Patta No.317, stands in the name of Mr.Rajasekaran/5th respondent, who bought the property under a partition deed, had sold 13 plots and the petitioner, namely, N.Karpagavalli, w/o. late Narayanaswamy is residing in 14th plot by putting up a hut. She has no title deeds in respect of the property and there is no law and order problem. The petitioner, having no right over the property, is attempting to convert a civil dispute into a law and order 3/8 https://www.mhc.tn.gov.in/judis problem and thereby, wanted to remain in the property by any means.

4. The learned Additional Public Prosecutor submitted that in this case, enquiry conducted and closed based on the report, dated 16.08.2021, submitted by the Revenue Divisional Officer, North Chennai Division @ Tondiarpet, Chennai. The copy of the same has been produced before this Court. The relevant portion of the report,dated 16.08.2021, reads as follows:

** vdnt. jpUbthw;wpa{h; tl;lk;. fj;jpthf;fk; fpuhkk;. g[y vz;/73/1 epyj;jpw;F chpik nfhhp A jug;g[ jpU uh$nrfud; j-bg/ bghd;DJiu kw;Wk; jpUkjp fw;gfts;sp f-bg/ ehuhazrhkp MfpnahUf;F ,ilnaahd rr;rut[ bjhlh;ghd ,e;neh;tpy; bghJ mikjpf;F ve;jtpj ghjpg;ngh my;yJ rl;lk; kw;Wk; xG';F gpur;rid Vw;gl Kfhe;jpukpy;iy vd;gjhy; ;vk;?5 vz;Qq}h; fhty; epiya Fw;w tHf;fhdJ Fw;wtpay; eilKiwr; rl;lk; gphpt[ 145?,d; gjpt[ bra;a Vw;g[ilaJ my;y vd mwpf;ifapy; bjhptpj;Js;shh;.

vdnt. jpUbthw;wpa{h; tl;lhl;rpah; mwpf;if kw;Wk;

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https://www.mhc.tn.gov.in/judis Mtz';fspd; mog;gilapy; bghJ mikjpf;F ve;jtpj ghjpg;ngh m;yyJ rl;lk; kw;Wk; xG';F gpur;rid Vw;gl Kfhe;jpukpy;iy vd;gjhy; Fw;wtpay; eilKiwr; rl;lk; gphpt[ 145?,d; fPH; tHf;F gjpt[ bra;a njitapy;iy vd bjhptpj;Jf; bfhs;fpnwd;/ ** The said fact was also informed to the 5th respondent and as such, no proceeding is pending before the Revenue Authorities.

5. At this stage, the learned counsel for the petitioner submitted that the report of the Revenue Divisional Officer, dated 16.08.2021 has not been furnished to the petitioner.

6. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. The respondent police is directed to furnish the report of the Revenue Divisional Officer, dated 16.08.2021 to the petitioner. Thereafter, the petitioner to take appropriate action in the manner known to law, if he advised so. Consequently, connected miscellaneous petitions are closed.

5.In spite of the above order, once again the petitioner was prevented from putting up the shed in the property and detailed representation was given by the 5/8 https://www.mhc.tn.gov.in/judis petitioner and the grievance of the petitioner is that the private respondent is again and again using the services of the police and preventing the petitioner from enjoying the property.

6.In the considered view of this Court, the dispute between the parties has already ended before the Civil Court. Therefore, the police will have no role to play in this case. If at all, the 4th respondent has any grievance, the 4th respondent has to go and workout his remedy before the competent Civil Court and he cannot be permitted to use the services of police and prevent the petitioner form enjoying the property. It is made clear that the respondent police will not interfere with the dispute between the private parties and they will not prevent the petitioner from enjoying the property.

7.This writ petition is disposed of in the above terms. No Costs.

05.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr 6/8 https://www.mhc.tn.gov.in/judis To

1.The Assistant Commissioner of Police, Ennore Range, Ennore, Chennai – 600 057.

2.The Inspector of Police (Law and Order) M-5, Ennore Police Station, Ennore, Chennai – 600 057.

3.The Inspector of Police (Crime), M-5, Ennore Police Station, Ennore, Chennai – 600 057.

4.The Public Prosecutor, High Court, Madras.

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https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J ssr W.P.No.26044 of 2023 05.09.2023 8/8 https://www.mhc.tn.gov.in/judis

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