N.Loganathan v. The Police Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 4412 of 2018 and WMP. No. 5423 of 2018 N.Loganathan
...Petitioner
-Vs1. The Police Commissioner EVK Sampath Salai, Vepery, Chennai -7.
2. The Assistant Commissioner D1 Police Station, Walaja Road, Chennai-2.
3. The Inspector of Police, D.1 Police Station, Walaja Road, Chennai -2.
4. Shanthi
5. P. Kanchana ..Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st & 2nd respondents to take action against the 3rd respondent and their subordinate for throwing out the petitioner in his house and also keeping in custody for more than 3.30 hours in the night on 22.02.2018 and further give protection to the petitioner to live in his house bearing Door NO. 26/32 Krishnappa Street, Chepauk, Chennai. For Petitioner : No Appearance For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R4 M/s. N. Kishore Kumar - R5
O R D E R
The prayer in the petitioner is to direct the 1st & 2nd respondents to take action against the 3rd respondent and their subordinate and further give protection to the petitioner to live in his house bearing Door NO. 26/32 Krishnappa Street, Chepauk, Chennai.
2. No Appearance for the petitioner. Heard the learned Additional Public Prosecutor appearing for the respondent 1 to 4 and the leearned counsel appearing for the 5th respondent.
3. On perusal of records, it is seen that there is a civil dispute between the petitioner and the 5th respondent, who is the daughter-in-law of the petitioner. Hence, the prayer sought for in this writ petition cannot be considered. This writ petition is devoid of merits. However, the petitioner is at liberty to approach the Civil Court for appropriate relief, if so advised.
In view of the above, the writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. ak Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Police Commissioner EVK Sampath Salai, Vepery, Chennai -7.
2. The Assistant Commissioner D1 Police Station, Walaja Road, Chennai-2.
3. The Inspector of Police, D.1 Police Station, Walaja Road, Chennai -2.
4. The Public Prosecutor, High Court, Madras.
W.P.No.4412 of 2018 and WMP. No. 5423 of 2018 Kak(30/05/2019)