H.Sridharan Alias H.Sridhar v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3200 of 2020 and W.M.P.No.3714 of 2020 H.Sridharan alias H.Sridhar (M/35) Son of Mr.S.Hariharan No.104/38, T.S.V Koil Street Mylapore Chennai-600 004.
...Petitioner
Vs 1.The Deputy Commissioner of Police E1 Mylapore Police Station 140, Kutcheri Road Mylapore, Chennai-600 004.
2.The Assistant Commissioner of Police E1 Mylapore Police Station 140, Kutcheri Road Mylapore, Chennai-600 004.
3. The Inspector of Police E-1, Mylapore Police Station 140, Kutcheri Road, Mylapore, Chennai-600 004.
4.B.Rajaraman Son of Late Mr. T.K.Balasubramanian Murali Anand Building, 2nd Floor Flat No.S-10, Door No.65/6, Alamelumangapuram Mylapore, Chennai-600 004.
5.B.Sankar Son of Late Mr. T.K.Balasubramanian Murali Anand Building, 2nd Floor Flat No.S-10, Door No.65/6, Alamelumangapuram Mylapore, Chennai-600 004.
6. M.M.Sankar S/o.Muthukrishnan R1 Euphoria, No.3, Elcot Avenue Sholinganallur Chennai-600 119.
... Respondents
Prayer: Writ Petition filed under Section 482 of Code of Criminal Procedure, praying to issue a Writ of Mandamus, forbearing the respondents 1 to 3 herein from in any manner by themselves or through their subordinates or agents or men from interfering with the peaceful possession and enjoyment and dispossessing the petitioner from the property situated at Old No.B-4, New No.F-6, Murali Anand Building, First Floor, Door No.65/6, Alamelumangapuram, Mylapore, Chennai-600 004, measuring an extent of undivided share of Land 319.93 sq.ft. 1/14th share out of total extent of 1 ground and 2079 sq.ft. With flat measuring 760 sq.ft. super built up area (including Common area) without following the due process of law which forms part of and subject matter of the sale deed dated 25.01.2019 vide registered document No.206 of 2019. For Petitioner : Mr.Ravikumar Jambunath Senior Counsel For M/s.Thanu Madhan N.S.
For Respondents : Mr.S.Karthikeyan for R1 to R3 Additional Public Prosecutor No Appearance for R4 to R6
ORDER
This petition has been filed seeking a Writ of Mandamus, forbearing the respondents 1 to 3 herein from in any manner by themselves or through their subordinates or agents or men from interfering with the peaceful possession and enjoyment and dispossessing the petitioner from the property situated at Old No.B-4, New No.F-6, Murali Anand Building, First Floor, Door No.65/6, Alamelumangapuram, Mylapore, Chennai-600 004, measuring an extent of undivided share of Land 319.93 sq.ft. 1/14th share out of total extent of 1 ground and 2079 sq.ft. With flat measuring 760 sq.ft. super built up area (including Common area) without following the due process of law which forms part of and subject matter of the sale deed dated 25.01.2019 vide registered document No.206 of 2019.
2. Already, two FIRs have been registered as against the petitioner in Crime No.170 and 171 of 2019. Though FIRs have been registered as against the petitioner, the respondents 1 to 3 have no role to play in the civil dispute pending between the petitioner and the respondents 4 to 6 herein. Therefore, the respondents 1 to 3 are directed not to interfere with the civil dispute between the petitioner and the respondents 4 to 6 except the FIRs registered as against the petitioner in Crime Nos.170 and 171 of 2019.
3. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To 1.The Deputy Commissioner of Police E1 Mylapore Police Station 140, Kutcheri Road Mylapore, Chennai-600 004.
2.The Assistant Commissioner of Police E1 Mylapore Police Station 140, Kutcheri Road Mylapore, Chennai-600 004.
3. The Inspector of Police E-1, Mylapore Police Station 140, Kutcheri Road, Mylapore, Chennai-600 004.
4. The Public Prosecutor High Court, Madras.
+2 cc to Mr.Thanu Madhan, Advocate,sr.25884 mp(co) krd 24/8 W.P.No.3200 of 2020 and Crl.M.P.No.3714 of 2020