THENMOZHI Vs. SUYAMBU, DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Heard both sides.

(2.) The Learned Counsel for the Petitioner submits that the Petitioner is the owner of the land, building and trees in an extent of 7826 Sq.feet (including all easementary rights in R.S.No.185/8 sub -divided as R.S.No.185/8A in West Street, Elumichangapalayam, Tharasuram Post, Kumbakonam Taluk, Thanjavur District) and the same is in possession and enjoyment by his ancestors and later by himself for the past 70 years by paying property tax, etc.

(3.) The Learned Counsel for the Petitioner brings it to the notice of this Court that since the Petitioner's possession was disturbed in the year 2012 by one R.Raman and R.Lakshmanan, he filed a suit in O.S.No.591 of 2012 on the file of the Learned District Munsif, Kumbakonam for a permanent injunction and a written statement was filed wherein the Petitioner's possession was admitted. The matter stood at the stage of framing of issues and when the said R.Raman and R.Lakshmanan tried to interfere with the possession, the Petitioner filed a Police complaint against him before the Respondents. However, no action was taken on his complaint. But the Respondents joined hands with them and interfered with the Petitioner's possession by demolishing the compound wall and as such, he filed a Writ Petition in W.P.(MD) No.1454 of 2014 seeking for issuance of a direction to the Second Respondent not to interfere and harass him in respect of his property situated in R.S.No.185/8 sub -divided as R.S.No.185/8A and R.S.No.185/6 B, West Street, Elumichangapalayam, Tharasuram Post, Kumbakonam Taluk, Thanjavur District. In the said Writ Petition, an Injunction Petition was filed seeking to forbear the Respondents from interfering with the Petitioner's peaceful possession and enjoyment of the property, pending disposal of the Writ Petition.