N NAVANEETHAM Vs. TAHSILDAR AND T GANESAN

JUDGEMENT

(1.) The Petitioner prays for issuance of a writ, in the nature of certiorari, to challenge the order, dated, 08.02.2006, passed by the 1st Respondent restraining the Petitioner from entering the land under the ownership and possession of the Petitioner.

(2.) It is not disputed that in civil suit O.S. No. 280 of 2005, the Principal District Munsif, Kumbakonam, allowed the application moved by the Petitioner, under Order 39 Rule 1 and 2 of Code of Civil Procedure, and the predecessor in interest of Respondent No. 2 was restrained from interfering in possession of the Petitioner.

(3.) The civil suit to determine the rights of the parties is pending, and after temporary injunction was granted against the father of the Respondent No. 2, it seems, Respondent No. 2 approached the police authorities, alleging that there was likelihood of breach of peace.