Sakthi Travels v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.5234 of 2014 and M.P.No.1 of 2014 Sakthi Travels, rep by its Partner S.N.Ramsingh, having office at No.88/150, Nelson Manickam Road, Choolaimedu, Chennai-600 094.

... Petitioner Vs.

1. The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai-600 040.

2. The Assistant Commissioner of Police, Koyambedu, Chennai.

3. R.Raju ... Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the second respondent or his men from in any manner interfering with the petitioner's business, otherwise than under due process of law.

For Petitioner : Mr.P.Solomon Francis For Respondents : Mr.R.Ravichandran, Additional Government Pleader for RR1 and 2 Mr.B.Mahendra Naidu for R-3

ORDER

Heard.

2.

This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, forbearing the second respondent or his men from, in any manner, interfering with the petitioner's business, otherwise than under the due process of law.

3.

The petitioner has filed this writ petition, making certain allegations against the second respondent, stating that the second respondent is interfering with the business of the petitioner firm.

4.

The learned counsel appearing on behalf of the respondents 1 and 2 had denied the allegations made by the petitioner. The learned counsel appearing on behalf of the third respondent had submitted that the petitioner has filed the present writ petition, with regard to a private dispute that had arisen between the partners of the petitioner Firm. He had further submitted that a Civil Suit, in O.S.No.1475 of 2014, is pending on the file of the 13th Assistant City Civil Court, Chennai, with regard to the partnership firm. 5.

In such circumstances, this Court is of the view that the present writ petition is not maintainable, as it relates to a private dispute between the partners of the petitioner firm. Hence, no relief can be granted to the petitioner, as prayed for in the present writ petition, under Article 226 of the Constitution of India. The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vvk To

1. The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai-600 040.

2. The Assistant Commissioner of Police, Koyambedu, Chennai.

+1cc to Mr.P.Solomon Francis, Advocate, S.R.No.41350 +1cc to Mr.B.Mahendra Naidu, Advocate, S.R.No.41597 W.P.No.5234 of 2014 RP(CO) CA(10/08/2016)