S.Govindarajan, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH W.P.No.18380 of 2016 and WMP.No.16082 of 2016 S.Govindarajan ... Petitioner Vs 1 The Superintendent of Police Thiruvarur & District.

2 The Inspector of Police Needamangalam Police Station Thiruvarur District.

3 Mr.Arivazhagan Inspector of Police Needamangalam Police Station Thiruvarur District.

4 The Secretary Needamangalam Taluk Co-Op Housing Society Ltd. (No.S.A.HSG.94) Indra Gandhi Nagar Needamangalam Thiruvarur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, to direct the 1st respondent to take immediate and necessary actions to forbear the 2nd and 3rd respondents from interfering with the civil dispute between the petitioner and the 4th respondent contemplated in the PSO 562(b) of the Tamil Nadu Police standing orders.

For Petitioner : Mr.P.Vijendran For Respondents : Mr.P.Sanjay Gandhi, Government Advocate

O R D E R

The petitioner has filed this Writ Petition praying for a Writ of Mandamus to direct the 1st respondent to take immediate and necessary action to forbear the 2nd and 3rd respondents from interfering with the civil dispute between the petitioner and the 4th respondent contemplated in the PSO 562(b) of the Tamil Nadu Police standing orders.

2. Heard the learned counsel for the petitioner; learned Government Advocate appearing for the respondents and perused the materials placed on record.

3. It is seen that this petitioner had entered in to a purchase agreement with the 4th respondent and it is alleged by the petitioner that he has made some payments, despite which, the 4th respondent is planning to sell the property in question to the third parties and that the 4th respondent with the help of the 2nd respondent is trying to evict the petitioner from the premises.

4. In the considered opinion of this Court, such facts cannot be decided in the Writ Petition. Especially, the allegation of the petitioner that he has made certain payments and that he is in possession of the property, these facts has to be decided only in a regular trial before a civil Court. With the above observation, this petition is closed, with liberty to the petitioner to approach the appropriate forum to workout his remedies. Consequently, connected Miscellaneous Petition is closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gya

To 1 The Superintendent of Police Thiruvarur & District.

2 The Inspector of Police Needamangalam Police Station Thiruvarur District.

3 The Secretary Needamangalam Taluk Co-Op Housing Society Ltd. (No.S.A.HSG.94) Indra Gandhi Nagar Needamangalam Thiruvarur District.

W.P.No.18380 of 2016 and WMP.No.16082 of 2016 aa27/07/2016