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  4. 2024/
  5. January

Balamurugan P vs. the Superintendent of Police

Decided on 31 January 2024• Citation: WP(MD)/6435/2022• Madras High Court
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                                                       WP(MD). No.6435 of 2022    
               BEFORE  THE MADURAI   BENCH  OF MADRAS   HIGH COURT                
                                  Date : 01/02/2024                               
                                      CORAM                                       
                        The Hon`ble Mr.Justice M.DHANDAPANI                       
                               WP(MD). No.6435 of 2022                            
             Balamurugan P                             ... Petitioner             
                                        Vs                                        
             1. The Superintendent of Police,                                     
             Dindigul District , Dindigul..                                       
             2. The Deputy Superintendent Of Police,                              
             Vedasandur , Dindigul District.                                      
             3. The Inspector of Police,                                          
             Vedasandur Police Station,                                           
             Dindigul District.                                                   
             4. Sathasivam,                                                       
             S/o.Karuppasamy , Thoppupatti , G.                                   
             Pudukkottai Village , Vedasandur Taluk,                              
             Dindigul District.                        ... Respondents            
             PRAYER  :- Wit Petition filed under Article 226 of Constitution of India
             for issuance of a Writ Mandamus directing the 3rd Respondent herein to
             return the Key to the petitioner in respect of his house property situated
             at Door No.5A8 comprised in Survey No.674/2B2, Plot No.12 at Old     
             Dindigul Road, Vedasandur Taluk, Dindigul District and also for a    
             direction to the 3rd Respondent not to interfere with a civil dispute
             between the petitioner and the 4th respondent herein.                
             1/4                                                                  
  https://www.mhc.tn.gov.in/judis                                                 

                                                       WP(MD). No.6435 of 2022    
                           For Petitioner : M/s. Lawrance J,                      
                           For Respondent : Mr.B.Nambiselvan for R1 to R3         
                                     Additional Public Prosecutor                 
                                          Mr.G.Balaji for R4                      
                                      ORDER                                       
                  The petitioner filed this writ petition for a direction to the 3rd
             Respondent herein to return the Key to the petitioner in respect of his
             house property situated at Door No.5A8 comprised in Survey No.       
             674/2B2, Plot No.12 at Old Dindigul Road, Vedasandur Taluk, Dindigul 
             District and also for a direction to the 3rd Respondent not to interfere
             with a civil dispute between the petitioner and the 4th respondent herein.
                  2. Today, when the matter was taken up for hearing, the third   
             respondent appeared before this Court, who submit that he is not in  
             possession of the key with respect to the subject property. The said 
             statement is recorded.                                               
                  3. The learned counsel for the 4th respondent would submit that the
             key is in the custody of the 4th respondent, who is in possession and
             enjoyment of the subject property.                                   
             2/4                                                                  
  https://www.mhc.tn.gov.in/judis                                                 

                                                       WP(MD). No.6435 of 2022    
                  4. In view of the above, if at all the petitioner is aggrieved by the
             same, he has to work out his remedy before the competent civil court 
             against the 4th respondent. Accordingly, this writ petition is dismissed
             with liberty to the petitioner to work out his remedy in the manner known
             to law.                                                              
                                                             31.01.2024           
             RR                                                                   
             TO                                                                   
             1. The Superintendent of Police,                                     
               Dindigul District , Dindigul..                                     
             2. The Deputy Superintendent Of,                                     
               Police, Vedasandur , Dindigul District.                            
             3. The Inspector of Police,                                          
               Vedasandur Police Station, Dindigul District.                      
             3/4                                                                  
  https://www.mhc.tn.gov.in/judis                                                 

                                                       WP(MD). No.6435 of 2022    
                                                      M.DHANDAPANI,J              
                                                                   RR             
                                                                ORDER             
                                                                    IN            
                                                 WP(MD)  No.6435 of 2022          
                                                        Date : 31.01.2024         
             4/4                                                                  
  https://www.mhc.tn.gov.in/judis