R.Shanmugam v. The State of Tamilnadu

ORDER

This petition has been filed for issuance of Writ of Mandamus, forbearing the second respondent from interfering with the possession of 1 Acre 6 cents being enjoyed by the petitioner for the past 84 years situated in S.No.213/5 (Now213/5A) Keeramangalam North Village, Alangudi Taluk, Pudukkottai District with valid title deed at the instance of the third respondent.

2.The petitioner's ancestors had purchased the property in the year 1956 through a sale deed dated 28.02.1956 for valid consideration. The vendor is the great-grandfather of the third respondent. Having sold the property, the third respondent is now disturbing the petitioner's possession. There were earlier patta proceedings, which were challenged in W.P.(MD) No.14904 of 2023, and this Court vide order dated

15.07.2024, directed the parties to approach the civil Court. Aggrieved by the same, a writ appeal in W.A.(MD) No.1580 of 2024 was filed and the Division Bench of this Court, by order dated 01.08.2025, held that there was no infirmity in the order passed by the learned Single Judge. Admittedly, a suit in O.S. No.47 of 2015, on the file of the learned I Additional District Judge, Pudukottai, is pending. In such circumstances, the apprehension of the petitioner is that the third respondent has preferred a complaint before the first respondent and he is interfering with the petitioner's peaceful possession. Hence, the present petition is filed.

3.When the suit is pending, the petitioner and the third respondent are bound to have their rights adjudicated before the civil Court. If any complaint is preferred by the third respondent, both the petitioner and the third respondent shall be heard, and appropriate orders shall thereafter be passed in accordance with law. It is stated that the third respondent has preferred a complaint on 11.02.2026 before the first respondent. Therefore, respondents 1 and 2 are directed to issue notice to the petitioner. Thereafter, the first respondent shall conduct an enquiry and pass appropriate orders in accordance with law. While passing such orders, the first respondent shall take note of the civil suit pending between the parties and shall not interfere in the civil dispute.

4.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Writ Miscellaneous Petition is closed.

26.02.2026 Index:yes/No Internet:Yes/No NCC:Yes/No vsg TO

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

2.The Inspector of Police, Seermigu Police Station, Keeramangalam, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY,J., vsg ORDER IN WP CRL.(MD) No.1124 of 2026 Date :26.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.02.2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY and W.M.P.Crl.(MD).No.296 of 2026 R.Shanmugam ... Petitioner Vs 1.The District Superintendent of Police, Pudukkottai, Pudukkottai District. 2.The Inspector of Police, Seermigu Police Station, Keeramangalam, Pudukkottai District. 3.K.Selvam ... Respondents PRAYER :-This petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the second respondent from interfering with the possession of 1 Acre 6 cents being enjoyed by the petitioner for the past 84 years situated in S.No.213/5 (Now213/5A) Keeramangalam North Village, Alangudi Taluk, Pudukkottai District with valid title deed at the instance of the third respondent. For Petitioner : Mr.K.Raja Advocate. For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) (for R1 & R2)