P.Ganesan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.NO.6219 OF 2022 AND W.M.P.NO.6279 OF 2022 P.Ganesan ... Petitioner Vs.

1. The Inspector of Police, C.3, Manimangalam Police Station, Kancheepuram District.

2. Suresh Narayanan ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus forbearing the respondent from interfering with the civil contractual dispute with the purchasers of flat in the Deepa Paradise, Door No.112, Aadhanur Village, Sriperambadur Taluk, Kancheepuram District. For Petitioner : Mr.G.Appavoo For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2.

O R D E R

This writ petition has been filed forbearing the respondent from interfering with the civil contractual dispute with the purchasers of flat in Deepa Paradise at Door No.112, Aadhanur Village, Sriperambadur Taluk, Kancheepuram District. 2 . When the matter is taken up today, the learned Additional Public Prosecutor would submit that the petitioner is https://hcservices.ecourts.gov.in/hcservices/

a builder who has constructed the flats at the above premises, there is a dispute between the petitioner and the purchasers in respect of defective constructions and deficiency of services. Pursuant to the same, there were constant quarrel between them. Finding that the dispute between the parties are civil in nature, the respondent has not interfered in the dispute. However, in the event of the situation becoming worse and in the event of breach of law and order, the first respondent has every right to interfere and to conduct enquiry and register a case, if necessary. He would further submit that based on the complaint, the respondent is conducting enquiry and the petitioner is not cooperating for the enquiry.

3. Heard both sides.

4. The first respondent/police has no right to interfere in the civil and contractual disputes. However, in the event of dispute escalating into an act of violence and breach of peace, the police has to obviously interfere and exercise their authority.

5. Recording the same, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar tsh To

1. The Inspector of Police, C.3, Manimangalam Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Appavoo, Advocate, S.R.No.18673 W.P.No.6219 of 2022 and W.M.P.No.6279 of 2022 SKM(CO) PM/07/04/2022 https://hcservices.ecourts.gov.in/hcservices/