Madras High CourtWP/33595/2017disposed of

A.Pachaiappan, v. The Commissioner Of Police

2017-12-22Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2017

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No.33595 of 2017 and W.M.P.Nos.37144 and 37145 of 2017 1.A.Pachiappan 2.A.Gopalan ... Petitioners Vs 1.The Commissioner of Police, Veppery, Chennai.

2.The Deputy Commissioner of Police, St. Thomas Mount, Chennai.

3.The Inspector of Police, S-14, Peerkankaranai Police Station, Kancheepuram District.

4.A.Subramani 5.A.Ealumalai ... Respondents Writ Petition filed under Article 226 of Constitution of India praying for issue a Writ of Mandamus forbearing the 3rd respondent from interfering in the purely property dispute pertaining to property ad measuring an extent of one ground marked as Plot No.36, comprised in S.No.349 forming part of the layout LPDM/DDTP No.64/74, named as Captain Sasikumar Nagar and situated at No.168, Mudichur Village, Saidapet Taluk, Chengelpet District,(Now Kancheepuram District) among brothers. For Petitioner : Mr.G.Rajan For Respondent : Mr.C.Iyyapparaj Addl. Public Prosecutor for 1 to 3

O R D E R

This writ petition has been filed seeking a direction to the 3rd respondent from interfering in the purely property dispute pertaining to property ad measuring an extent of one ground marked as Plot No.36, comprised in S.No.349 forming part of the layout LPDM/DDTP No.64/74, named as Captain Sasikumar Nagar and situated at No.168, Mudichur Village, Saidapet Taluk, Chengelpet District,(Now Kancheepuram District) among brothers

2. Based on the complaint given by the respondent 4 and 5, a preliminary enquiry was pending with the third respondent. Now, the petitioner alleging that the third respondent is harassing the petitioner under the guise of conducting investigation and asking him various documents and hence he come out with the writ petition.

3. Admittedly, the preliminary enquiry is pending against the petitioner and if the third respondent wants the presence of the petitioner for investigation, the 3rd respondent should issue proper summons to the petitioner and conduct investigation as per law. The third respondent shall not harass the petitioner under the guise of conducting investigation.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected WMPs are closed, -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar

To 1.The Commissioner of Police, Veppery, Chennai.

2.The Deputy Commissioner of Police, St. Thomas Mount, Chennai.

3.The Inspector of Police, S-14, Peerkankaranai Police Station, Kancheepuram District.

• 1 cc to Mr.G.Rajan, Advocate Sr.No.92452 • 1 cc to Governement Pleader Sr.No.668 W.P.No.33595 of 2017 KP 05/02/2018