A.Kulandaiyesu, S/O.Antony, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH W.P.No.15718 of 2017 and WMP.No.16997 of 2017 A.Kulandaiyesu ... Petitioner Vs.

1.The Superintendent of Police, Villupuram, Villupuram District.

2.The Deputy Superintendent of Police, Sankarapuram, Villupuram District.

3.The Inspector of Police, Vadaponparappi, Sankarapuram Taluk, Villupuram District.

4.The Sub-Inspector of Police, Moongilthuraipet, Sankarapuram Taluk, Villupuram District.

5.J.Nathiya 6.J.Soniya 7.K.G.Kumar 8.M.Elumalai 9.J.Jeeva ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the respondents 1 to 4 from interfering in the civil dispute pending

in O.S.No.230 of 2012 on the file of the District Munsif Court, Sankarapuram, Villupuram District.

For Petitioner : Mr.G.Rajan For Respondent : Mr.D.Vairamoorthy Nos.1 to 4 Special Government Pleader For Respondent : No Appearance Nos.5 to 9

O R D E R

Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing on behalf of the respondents 1 to 4.

2.The dispute involved in the present writ petition is between the petitioner and the respondents 5 to 9 with regard to the management of a Trust in the name and style of St. Don Bosco Education and Charitable Trust.

3.According to the petitioner, he along with four other persons are the founders of the Trust and that the respondents 5 to 9 who had lent some money to the Trust are now trying to interfere with the management of the Trust. In this connection, the respondents 5 to 9 seems to have given a complaint to the third respondent and on the basis of which an enquiry seems to have been initiated. In this connection, the respondents 5 to 9 have also filed a suit in O.S.No.230 of 2012 before the learned District Munsif, Sankarapuram and the same is pending. 4.The grievance of the petitioner now is that the respondent police are trying to interfere with the civil dispute and coercing the petitioner to either return the money to the respondents 5 to 9 or to hand over the management of the Trust. 5.

It is needless to point out that this issue which is pending before the Civil Court cannot be gone into, in this writ petition. Nevertheless, since the third respondent has already commenced the enquiry on the basis of the complaint given by the private respondents herein, it would be appropriate to direct the third respondent to complete the enquiry in the presence of all the aggrieved persons. Under such circumstances, the petitioner as well as the respondents 5 to 9 are directed to appear before the third respondent on 22.07.2017 at 4.00 p.m. and the third respondent shall endeavour to complete the enquiry as expeditiously as possible, atleast on the same day and take further action as per law.

6.With the above observation, this writ petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar DP To 1.The Superintendent of Police, Villupuram, Villupuram District.

2.The Deputy Superintendent of Police, Sankarapuram, Villupuram District.

3.The Inspector of Police, Vadaponparappi, Sankarapuram Taluk, Villupuram District.

4.The Sub-Inspector of Police, Moongilthuraipet, Sankarapuram Taluk, Villupuram District.

+1cc to Mr.G.Rajan, Advocate SR.No.46933 W.P.No.15718 of 2017 and WMP.No.16997 of 2017 GN(12/07/2017)