R SAMAYA KAVERI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition has been filed to direct the respondents 1 and 2 not to interfere in civil dispute by extending their support to the third respondent to take forcible possession of the properties measuring an extent of 2.50 Acres in S.No.693/20 of Thangachimadam Village, Rameswaram Taluk, Ramnad District by considering the petition dated 23.09.2017, in the absence of any decree for possession in favour of the third respondent.

(2.) Mr.K.Anbarasan, learned Government Advocate (crl.side) takes notice for the respondents 1 and 2 and Mr.T.Pon Ramkumar, learned counsle takes notice for the 3rd respondent.

(3.) The learned counsel for the petitioner states that the 3rd respondent herein has filed a suit for permanent injunction in O.S. No.32 of 2008 before the learned District Munsif-cum-Judicial Magistrate, Rameswaram. The said Court, by judgement and decree dated 17.2.2010 allowed the suit in O.S.No.32 of 2008. Aggrieved against the above, the petitioner herein who is the defendant in the suit, has filed an appeal in A.S. No. 9 of 2012 on the file of the learned Principal Subordinate Judge, Ramnad and the same was allowed by setting aside the decree and judgment in O.S.No.32 of 2008 dated 17.02.2010. Aggrieved against the same, the 3rd respondent herein filed a second appeal before this Court in S.A.(MD) no 317 of 2017 and the same was dismissed on 21.9.2017. on 24.9.2017 the petitioner's appointed workers went to the above said property for uprooting the seemai Karuvelam trees and for pelting stones to make fence around her landed property to avoid anti social elements enter into her property. The 3rd respondent and his son put up the hut and residing permanently in the petitioner's property and they prevented the petitioner. Hence, the petitioner has filed the present petition for the above prayer.