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Madras High CourtWP/5862/2021allowed

D.Murugesan v. The State Rep By

2021-03-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH WP No. 5862 of 2021 D.Murugesan ... Petitioner vs.

1. The State Rep. By The Inspector of Police, Central Crime Branch - II, Anti Land Grabbing Cell -II, Greater Chennai Police, Office of the Commissioner of Police, Vepery, Chennai 600 007.

2. The Joint Sub Register No.1, Sub Registrar Office, Saidapet, Chennai South Registration District, Chennai 600 035.

3. Dayalan ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent Police not to harass the petitioner in pursuance to the summons dated 20.02.2021 issued by the first respondent on 24.02.2021.

For Petitioner : Mr.R.Abdul Mubeen For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor, for R1 Mr.T.M.Pappiah Special Govt. Pleader, for R2

O R D E R

This Writ Petition has been filed to direct the respondent Police not to harass the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the first respondent and Special Government Pleader appearing on behalf of the second respondent. https://hcservices.ecourts.gov.in/hcservices/

3. Taking into consideration the fact that the nature of the dispute involved in this case is a property dispute, it is for the parties to redress the same before the appropriate Civil Court and the respondent police will have no role to play in a case of this nature.

4. This Writ Petition is disposed of with a direction to the respondent police not to interfere with the property dispute and it is open for the parties to agitate their rights before the competent civil court. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar jv To

1. The Inspector of Police, Central Crime Branch - II, Anti Land Grabbing Cell -II, Greater Chennai Police, Office of the Commissioner of Police, Vepery, Chennai 600 007.

2. The Joint Sub Register No.1, Sub Registrar Office, Saidapet, Chennai South Registration District, Chennai 600 035.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Abdul Mubeen, Advocate, S.R.No.14743. +1cc to the Government Pleader, S.R.No.15430. WP No. 5862 of 2021 SKY(CO) CSR 31.03.2021 https://hcservices.ecourts.gov.in/hcservices/