Sadappa v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sadappa, S/o.Sakkappa ... Petitioner Vs.
1. The Inspector of Police, District Crime Branch, Krishnagiri District.
2. Suresh ... Respondents Prayer : The Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first respondent not to interfere with the civil dispute between the petitioner and the second respondent related to the property comprised in S.Nos.120 and 121/B1 situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District and not to insist the petitioner to withdraw the suit in O.S.No.137 of 2024 on the file of the Sub Court, Hosur, in respect of the property in S.No.111/2 measuring to an extent of 1.04 acres situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District. 1/7
For Petitioner : Mr.M.Mohamed Riyaz For Respondent : Mr.A.Gopinath No.1 Government Advocate (Crl.Side)
O R D E R
This petition has been filed seeking direction to the first respondent not to interfere with the civil dispute between the petitioner and the second respondent related to the property comprised in S.Nos.120 and 121/B1 situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District and also not to insist the petitioner to withdraw the suit in O.S.No.137 of 2024 on the file of the Sub Court, Hosur in respect of the property in S.No.111/2 measuring to an extent of 1.04 acres situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District.
2. The learned counsel for the petitioner submits that all the piece and parcel of the property comprised in S.Nos.S.Nos.120 and 121/B1 situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District belongs to the petitioner's father Sakappa and after his demise, the petitioner and his family members have inherited the property and they 2/7
were in possession and enjoyment of the above said properties. He further submits that the petitioner along with others have sold the property to the second respondent herein by virtue of sale deed dated 13.05.2022 registered as Doc.No.2847 of 2022.
3. The learned counsel for the petitioner further submits that the petitioner has filed a suit in O.S.No.137 of 2024 on the file of the Sub Court, Hosur for declaring the sale deed dated 12.08.2024 registered as Doc.No.5357 of 2024 in favour of the second respondent in respect of the property comprised in S.Nos.120 and 121/B1 situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District as null and void. The same is pending for adjudication. However, the second respondent lodged a complaint before the first respondent on 26.04.2024 and the same is pending for enquiry. While so, the first respondent has insisted the petitioner to withdraw the suit filed as against the second respondent in O.S.No.137 of 2024 .
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4. The learned Government Advocate (Crl.Side) appearing for the first respondent police on getting instructions from the Investigating Officer submits that the complaint lodged by the second respondent is still pending.
5. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.Side) appearing for the first respondent police and perused the materials available on record.
6. A perusal of records available before this Court reveals that on the complaint lodged by the second respondent, the first respondent has conducted enquiry in which the petitioner also appeared. Thereafter, the first respondent has insisted the petitioner to settle the civil dispute amicably with the second respondent.
7. In view of the above, the first respondent has no role in the civil dispute between the petitioner and the second respondent. Therefore, the first respondent is directed not to interfere with the civil dispute between 4/7
the petitioner and the second respondent related to the property comprised in S.Nos.120 and 121/B1 situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District and also not to insist the petitioner to withdraw the suit in O.S.No.137 of 2024 on the file of the Sub Court, Hosur in respect of the property in S.No.111/2 measuring to an extent of 1.04 acres situated at Enusonai Village, Shoolagiri Taluk, Krishnagiri District.
8. Further, if the petitioner or the second respondent involved in any criminal activities, the first respondent is directed to take appropriate action against them in the manner known to law.
9. With the above directions, this Writ Petition is disposed of. No costs.
25.02.2025 Vv 5/7
To
1. The Inspector of Police, District Crime Branch, Krishnagiri District.
2. The Public Prosecutor, High Court of Madras, Chennai.
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G.K.ILANTHIRAIYAN, J.
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