1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.14744 of 2011 Meenal .. Petitioner Vs. 1.The Tahsildar Thiruppathur, Sivagangai District. 2.The Sub-Inspector of Police, Keezachivalpatti Police Station, Sivagangai District. 3.The Revenue Divisional Officer, Devakottai. 4.The Deputy Superintendent of Police, Devakottai. 5.Muthu .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 4 to hand over the vacant possession in Survey No.650-9, 650-10 under Patta No.1719, situates in Shenbagampettai Group, Thiruppathur Taluk, Sivagangai District, belongs to the petitioner, without any let or hindrance, by removing the land encroachment of 5th respondent to the petitioner, lying within the jurisdiction of the respondents 1 to 4. For Petitioner : Mr.P.Sepana @ Sree For Respondents : Mr.M.Alagathevan Spl.Govt.Pleader O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus to direct the Police to recover the possession of his property from a private individual viz., the 5th respondent. 2. Heard Mr.P.Sepana @ Sree, learned counsel for the petitioner. Mr.M.Alagathevan, learned Special Government Pleader takes notice for respondents 1 to 4. 3. What the petitioner seeks in this writ petition is actually a decree for recovery of possession of a private party https://hcservices.ecourts.gov.in/hcservices/ 2 from the 5th respondent. The learned counsel for the petitioner states that his client has already obtained a decree. If it is so, the proper remedy for the petitioner is only to file an execution petition, in which the petitioner can also seek police aid. Therefore the writ petition is dismissed leaving it open to the petitioner to file an execution petition. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar Thiruppathur, Sivagangai District. 2.The Sub-Inspector of Police, Keezachivalpatti Police Station, Sivagangai District. 3.The Revenue Divisional Officer, Devakottai. 4.The Deputy Superintendent of Police, Devakottai MPK rl/5 c- 9.1.2012 W.P.(MD)No.14744 of 2011 22-12-2011 https://hcservices.ecourts.gov.in/hcservices/