1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7716 of 2011 Kumaran ... Petitioner Vs. 1.The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009. 2.The District Collector, Pudukkottai, Pudukkottai District. 3.The Tahsildar/Registrar of Cultivating Tenancy Rights, Ponnamaravathi Taluk, Pudukkottai District. 4.The Superintendent of Police, Pudukkottai, Pudukkottai District. 5.The Sub-Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 5th respondent not to intervene and not to harass further the petitioner and his family members in respect of schedule mentioned property. For petitioner .. Mr.S.Muthalraj For respondents .. Mr.M.Govindan, Special Government Pleader ORDER Claiming himself to be a cultivating tenant, as per the provisions of the Tamil Nadu Cultivating Tenants Act, the petitioner seems to have filed a suit in O.S.No.118 of 2010 on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukkottai District, praying for a declaration that he should not be evicted illegally from the suit schedule property and also for an injunction restraining the defendants therein not to interfere with his peaceful possession. According to him, the proceedings in RTR No.1/2010/A is pending from 2009 before the Tahsildar/Registrar of Cultivating Tenancy Rights, Ponnamaravathi Taluk, Pudukkottai District. It is the contention of the petitioner that the Sub-Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District, fifth respondent herein has threatened him at the Police Station and obtained signatures in blank papers and also got a statement from him to the effect that he would not interfere in the schedule mentioned property for cultivation. Being aggrieved by the same, the petitioner has sent a representation dated 05.07.2011 to the Secretary, Home Department, Chennai and others under registered post with https://hcservices.ecourts.gov.in/hcservices/ 2 acknowledgement due. As there is no response, the petitioner has come forward with the present writ petition for mandamus. 2.Pleadings disclose that a proceeding in RTR.No.1/2010/A is pending before the Tahsildar/Registrar of Cultivating Tenancy Rights, who is the competent authority under the Tamil Nadu Agricultural Lands Tenancy Rights Registration Act, 1969. In addition to the above, a suit in O.S.No.118 of 2010 has also been instituted by the writ petitioner before the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukkottai District with reference to a property in Pudukkottai Revenue District, Karaikudi Registration District, Ponnamaravathi Taluk, Thoothur Village Survey No.357/2, Punja Koolanikaadu an extent of 0.34.0 hectares. If there was any interference by the Sub Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District, fifth respondent herein with the civil rights of the writ petitioner, it is always open to the petitioner to implead him as a party respondent in the suit, where the relief of injunction has been prayed for. Further if the fifth respondent had indulged in any illegal activity contrary to the provisions of any of the penal laws, it is always open to him to prefer a complaint to the higher authorities and if no such action is taken, the petitioner cannot be said remediless under the Criminal Procedure Code. It is open to the petitioner to prefer a private complaint if there is any threat or invasion on his civil rights. Remedy under Article 226 of the Constitution of India can be invoked only, if there is no efficacious remedy. The provisions of the Criminal Procedure Code are more efficacious and therefore, the relief of mandamus cannot be granted on mere averments, which require evidence. 3.In view of the above, this Court is not inclined to issue the relief sought for. Hence, the writ petition is dismissed. No costs. gcg Sd/- Assistant Registrar[Records] /True copy/ TO Sub Assistant Registrar 1.The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009. 2.The District Collector, Pudukkottai, Pudukkottai District. 3.The Tahsildar/Registrar of Cultivating Tenancy Rights, Ponnamaravathi Taluk, Pudukkottai District. 4.The Superintendent of Police, Pudukkottai, Pudukkottai District. 5.The Sub-Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District. +1 cc to Mr.S.Muthal Raj, Advocate SR.No.22728. +1 cc to Special Government Pleader, SR.No.22961. W.P.(MD) No.7716 of 2011 Dated:13.07.2011 2P/8C RPB 28.07.2011 https://hcservices.ecourts.gov.in/hcservices/