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2016 Supreme(Mad) 3308

P.N.PRAKASH
A. Mohan – Appellant
Versus
Inspector General of Police West Zone Coimbatore – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Manokaran
For the Respondents: Mr. C. Emalias, Mr. V. Vijay Shankar

ORDER :

This petition has been filed seeking a writ of mandamus, directing the respondents 1 and 2 to prevent the respondents 3 and 4 from interfering with the civil dispute by misusing their official position to help the 5th respondent to take forcible possession of the property measuring 10.22 acres bearing R.S.No.62/2, Padaval Kalvai Village, Bhavani Taluk, Erode District, in violation of the order dated 28.01.2015 made in W.P.No.34022 of 2014 by considering the petitioner's representation dated 17.07.2015.

2. For the sake of convenience, the parties will be referred to by their name.

3. The petitioner - A. Mohan is the father of one Arunkumar. A family partition was effected on 26.08.1996 between Mohan and Arunkumar, under which Arunkumar was allotted 10.26 acres of land in R.S.No.62/2 Padaval Kalvai Village. It appears that Arunkumar had mortgaged 10.22 acres of the said property with State Bank of India, Bhavani Branch and raised loan. He was not able to discharge his liability to the Bank and therefore, the Bank initiated recovery proceedings before the Debts Recovery Tribunal, Madurai and the property was brought to sale.

(a) Arunkumar filed W.P.Nos.9137 and 9138 of 2012 before

















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