C ELANGO Vs. DISTRICT COLLECTOR VELLORE DISTRICT VELLORE

JUDGEMENT

(1.) PETITIONER has approached this court with a prayer for issuance of writ in the nature of prohibition, restraining the respondents 4 and 5 their men, servants, agents and subordinates from interfering with peaceful possession and enjoyment of the land situated in Kothur Village, Tirupattur Taluk, Vellore District. Subsequently, petitioner has impleaded private respondents 6,7 and 8 to this writ, without amending the pleadings.

(2.) THE contention of the learned counsel is, that the 5th respondent has no right over the property owned by one P.G.Ravi. THErefore, the land alienated by him cannot be interfered by anybody. THE submission of the petitioner is that when the petitioner tried to enter the land, he was threatened with dire consequences by 5th respondent, with the help of Police. THE petitioner filed complaint with the Deputy Superintendent of Police, Sub Collector, Tirupattur District, stating therein that as per the judgment delivered by the Civil court, petitioner is entitled to deal with the land. After application was filed, report was also called for by the Superintendent of Police.

(3.) AS regards the allegations of threat is concerned, the remedy to the petitioner is to file complaint with the Police or learned Magistrate. The averments of the petitioner even if taken on the face value do not make any case for interference in exercise of writ jurisdiction of Article 226 of the Constitution of India.