← Library
Madras High CourtWP/8903/2021disposed of

R.John Kennady v. The Superintendent Of Police

2021-04-09Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.8903 of 2021 R.John Kennady, Son of Ramaiahees ... Petitioner Vs.

1. The Superintendent of Police, Podanur, Coimbatore District.

2. The Assistant Commissioner of Police, Coimbatore South, Coimbaotore.

3. State by: Inspector of Police, D-3, Podanur Police Station, Podanur, Coimbatore.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the 3rd Respondent not to harass the petitioner.

For Petitioner : Mr.A.P.Sathyamurthy For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This writ petition has been filed to direct the third respondent Police not to harass the petitioner.

2. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.It is seen from the records that already a civil dispute is pending between the parties in O.S.No.51 of 2021, on the file of the District Munsif Court, Madukkarai, Coimbatore. The other side is now approaching the Police in order to vacate the premises. The police is calling the petitioner for enquiry and harassing the petitioner. Therefore, this petition is filed seeking for a direction to the police not to harass the petitioner.

4.Admittedly in this case, there is a civil suit https://hcservices.ecourts.gov.in/hcservices/

pending between the parties and the parties will have to agitate their rights only before the Civil Court. The police will not have any role to play in this case.

5.This writ petition is disposed of with a direction to the third respondent Police not to interfere with the civil dispute and not call the petitioner for enquiry and harass the petitioner in the name of enquiry. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Podanur, Coimbatore District.

2. The Assistant Commissioner of Police, Coimbatore South, Coimbaotore.

3. State by: Inspector of Police, D-3, Podanur Police Station, Podanur, Coimbatore.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.A.P.Sathyamurthy, Advocate, S.R.No. 22769 W.P.No.8903 of 2021 SMI(CO) GN(16/06/2021) https://hcservices.ecourts.gov.in/hcservices/