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Madras High CourtWP/9498/2015dismissed

R.Thangavel v. State Rep. By Its Inspector

2019-02-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.9498 of 2015 and M.P.Nos.1 & 2 of 2015 R.Thangavel ... Petitioner Vs.

1.The State rep. by its Inspector of Police, Sankari Police Station, Sankari, Salem District.

2.Kavitha 3.Palanisamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the frist respondent from in any way interfering and harassing with the petitioner's peaceful possession and ownership of Taaras Ashok Leyland Lorry bearing Reg. No.KA 01 C 7447 vide Engine No.LBH163326 and Chasis No.LBH057281 which was purchased from the second respondent vide Vehicle Sale Agreement dated 30.8.2014, under the guise of enquiry with respect to the complaint of the second and third respondents. For Petitioner : Mr.S.Viswanathan For Respondents For R1 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

The writ petition has been filed to forbear the first respondent from in any way interfering and harassing with the petitioner's peaceful possession and ownership of Taaras Ashok Leyland Lorry bearing Reg. No.KA 01 C 7447 vide Engine No.LBH163326 and Chasis No.LBH057281, which was purchased from the second respondent vide Vehicle Sale Agreement dated 30.8.2014, under the guise of enquiry with respect to the complaint of the second and third respondents.

2. The petitioner prays for a mandamus forbearing the first respondent from in any way interfering with his peaceful possession and ownership of Taaras Ashok Leyland Lorry, which was purchased from the second respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that the petitioner is an accused in a criminal case registered by the first respondent for the offence under Section 379 of IPC. In order to escape from the clutches of law, the petitioner filed this writ petition with the above said prayer. Therefore, the prayer sought for in this writ petition cannot be granted.

4. In the result, this writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mkn/rts To 1.The Inspector of Police, Sankari Police Station, Sankari, Salem District.

2.The Public Prosecutor, High Court, Madras.

W.P.No.9498 of 2015 and M.P.Nos.1 & 2 of 2015 A.SK(08/03/2019) https://hcservices.ecourts.gov.in/hcservices/