A writ petition seeking a mandate to police forbear from interfering in a land possession dispute was closed by the Court as the matter does not survive for adjudication, given the petitioners' eviction during a pending lower appellate civil appeal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.9883 of 2017
and W.M.P.No.10882 of 2017
1.S.Periyasamy ... Petitioners
2.S.Ganeshan 3.S.Kumar 4.Mangammal Vs 1.The Superintendent of Police, ... Respondents Dharmapuri District, Dharmapuri. 2.The Deputy Superintendent of Police, Pennagaram Sub Division, Pennagaram, Dharmapuri District. 3.The Inspector of Police, Pennagaram Police Station, Pennagaram, Dharmapuri District.
6.K.Madappan
Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents 1 to 3 and their subordinates from interfering with the peaceful possession of the petitioners and respondents 5 & 6 herein in respect of the land in S.Nos.212/1C and 212/2C total, an extent of 1.09.0 hectares (Patta No.234), Vattuvannahalli H/O Pavazhanthur Village, Pennagaram Taluk, Dharmapuri District.
For Petitioners : Mr.M.R.Jothimanian
For Respondents : Ms.A.Madhumathi,
Special Government Pleader (R1 to R4)
ORDER
The petitioners have filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents 1 to 3 from interfering with the peaceful possession and also the cultivating land dispute between the petitioners and the respondents 5 & 6 in respect of the land in S.Nos.212/1C and 212/2C measuring an extent of 1.09.0 hectares in Vattuvannahalli H/O Pavazhanthur Village, Pennagaram Taluk, Dharmapuri District.
2.When the Writ Petition is taken up for hearing, Mr.M.R.Jothimanian, learned counsel appearing for the petitioners submitted that during the pendency of the Civil Appeal pending before the Lower Appellate Court, the petitioners were evicted from the land in dispute and that the respondents 5 & 6 have taken possession of the land.
3.In view of the submission made by the learned counsel for the petitioners, nothing survives for adjudication in the Writ Petition. In any event, the petitioners are at liberty to contest the appeal before the Lower Appellate Court in accordance with law.
4.With these observations, the Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petition is also closed.
-Sd/Assistant Registrar (CS) // True Copy // Sub Assistant Registrar
va
To
1.The Superintendent of Police, Dharmapuri District, Dharmapuri.
2.The Deputy Superintendent of Police, Pennagaram Sub Division, Pennagaram, Dharmapuri District.
4.The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.
W.P.No.9883 of 2017 and W.M.P.No.10882 of 2017
SSV (CO) UMY (17.12.2020)
1 issue framed by the court
Whether the Writ Petition survives for adjudication in light of the pendency of the Civil Appeal where the petitioners were evicted.
1 provisions across 1 enactments
S.Periyasamy
The Superintendent of Police, Dharmapuri District
The Deputy Superintendent of Police, Pennagaram Sub Division
The Inspector of Police, Pennagaram Police Station
K.Chinnaduriai
K.Madappan
M. DURAISWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
