1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Fifth day of January Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE K.K.SASIDHARAN WP(MD) No.207 of 2011 S.V. RAMASAMY RAJA ... PETITIONER Vs 1 THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, MADURAI. 2 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 3 THE DEPUTY SUPERINTENDENT OF POLICE, RAJAPALAYAM TOWN, VIRUDHUNAGAR DISTRICT. 4 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 5 THIRU. NAGARAJAN, FATHERS NAME NOT KNOWN, INSPECTOR OF POLICE, SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 6 THIRU. K.K.NARAYANA RAJA, S/O.KANDHASAMY RAJA, NO.415, AMPALAPULI BAZAR, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the affidavit filed therewith that the High Court will be pleased to issue a WRIT OF MANDAMUS, forbearing the Respondents 1 to 5 from interfering with Petitioner's right to enjoy his property in Door No.438, Ambulipuli Bazar, Rajapalayam Town and restrain them from interfering in a Civil Dispute and direct the 5th Respondent to return and replace Bunk Shop in Door No.438, Ambulipuli Bazar, Rajapalayam Town and also to pay a compensation of Rs.10 Lakh to the Petitioner. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. N. DILIPKUMAR, Advocate for the petitioner and of MR.S.C.HEROLD SINGH, Government Advocate on behalf of the Respondents 1 to 4, the court made the following order:- Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents 1 to 4. 2. The petitioner seeks a Writ of Mandamus directing the respondents 1 to 5 from interfering with his right to enjoy the property in Door No.438, Ambulipuli Bazar, Rajapalayam Town forthwith, besides a direction to the fifth respondent to return and replace his bunk shop. https://hcservices.ecourts.gov.in/hcservices/ 2 3. According to the petitioner, the respondents 2 to 5 at the instance of the sixth respondent trespassed into his property and removed the bunk shop on 04.01.2011. In fact, on previous occasions, the fourth respondent at the instance of the respondents 2 & 3 called for petitioner to the Police Station and asked him to sell the property to the sixth respondent. Since the petitioner was not prepared to accede to the demand made by the police, a false case was charged against him. Subsequently, on 04.01.2011 the very bunk shop was removed from the place by the police. 4. The documents produced along with the typed set of papers and the affidavit filed in support of the Writ petition gives a prima facie indication that the Inspector of Police, South Police Station, Rajapalayam was determined to give possession of the property to the sixth respondent The letter dated 20.12.2010 sent by the Inspector of Police, South Police Station, Rajapalayam to the local authority clearly shows the undue interest shown by the Inspector of Police in the subject matter. Therefore, I am of the view that a direction should be issued to the Inspector of Police, South Police Station, Rajapalayam to replace the bunk shop. 5. Accordingly, the Inspector of Police, South Police Station, Rajapalayam is directed to replace the bunk shop in Door No.438, Ambulipuli Bazar, Rajapalayam Town forthwith. He should submit his report of compliance to this Court personality at 10.30 a.m. on 07.01.2011. He is further directed to produce the relevant records pertaining to the complaint and counter complaint preferred by the petitioner and the sixth respondent, on that day. 6. Post this matter on 07.01.2011 immediately after motion. sd/- 05/01/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE INSPECTOR GENERAL OF POLICE, SOUTH ZONE, MADURAI. 2 THE SUPERINTENDENT OF POLICE,VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 3 THE DEPUTY SUPERINTENDENT OF POLICE, RAJAPALAYAM TOWN, VIRUDHUNAGAR DISTRICT. 4 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 5 THIRU. NAGARAJAN, INSPECTOR OF POLICE, SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 6 THIRU.S.C.HEROLD SINGH, GOVERNMENT ADVOCATE,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. N. DILIPKUMAR Advocate SR.No.457 ORDER DATED: 05.01.2011 HEARING DATE: 07.01.2011 ORDER WP(MD) No.207 of 2011 Giving direction to the 4t respondent. PA/06.01.2011/2P/8C https://hcservices.ecourts.gov.in/hcservices/