M.Faslur Rahman v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and W.M.P.No.9301 of 2024 M.Faslur Rahman Petitioner(s) Vs.
1. The Superintendent of Police, Erode District, Erode.
2.The Inspector of Police Gobichettipalayam, Erode District.
3. Prabhu
4. Rameshkumar 5.Vijayalakshmi
6. Palanichamy Respondent(s) Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, forbearing the respondents 1 and 2 in any manner interfering with the civil dispute grossly in violation of PSO 562 of Tamil Nadu Police Standing orders under the guise of enquiring the complaint given by the respondents 3 to 6 over the petrol bunk run by the petitioner at No.93A, Sathy Main Road, Gobichettipalayam. For Petitioner(s):
Eswar Kumar and Rao Law Firm For Respondent(s):
M/s. J. Ranjith Kumar For R3 to R6 Mr.K.M.D.Muhilan Government Advocate for R1 and R2 1/5
ORDER
The present petition has been filed for issuance of writ of mandamus to forbear the respondents 1 and 2 in any manner interfering with the civil dispute grossly in violation of PSO 562 of Tamil Nadu Police Standing orders under the guise of enquiring the complaint given by the respondents 3 to 6 over the petrol bunk run by the petitioner at No.93A, Sathy Main Road, Gobichettipalayam.
2. The learned counsel for the petitioner would submit that the private respondents 3 to 6 have sent their henchmen on 12.01.2024 and threatened to set fire the petrol bunk, which was owned by the petitioner. Immediately, on the very next day, the petitioner filed a complaint with the 2nd respondent to provide protection and to take action in accordance with law. Since no action was taken by the 2nd respondent, the petitioner made a complaint to the 1st respondent to issue suitable directions. Pursuant thereto, the 2nd respondent has issued CSR in CSR No.27/2024 on 19.01.2024. Further, this Court by an order dated 31.01.2024 directed the police to conduct enquiry and pass orders within two weeks. The petitioner had attended enquiry number of times but till date no action has been taken by police. However, on the basis of the alleged complaint given by the private respondents, the police is doing katta panchayat and threaten the petitioner to vacate from the property despite the pendency of 2/5
civil dispute, which was filed by the petitioner in O.S.No.482 of 2022 before the III Additional District Court at Gobichettipalayam for declaration and permanent injunction. Hence, the petitioner has filed the present Writ Petition for passing appropriate orders.
3. Heard both sides and perused the materials available on record.
4. Taking into consideration the submissions made by the learned counsel on either side, this Court is of the view that since the petitioner was issued with CSR in CSR No.27/2024 and civil dispute is pending between the petitioner and the respondents 3 to 6, the 2nd respondent has no role to play when the civil dispute is pending.
5. Accordingly, the writ petition is disposed of with a direction, if the petitioner and the respondents 3 to 6 commit any offence, the 2nd respondent shall take appropriate action in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.
27-02-2025 Index : Yes/No : Yes/No Speaking/non-speaking order jd 3/5
To
1. The Superintendent of Police, Erode District, Erode.
2.The Inspector of Police Gobichettipalayam, Erode District.
4/5
G.K. ILANTHIRAIYAN,J., jd 27.02.2025 5/5