← Library
Madras High CourtWA/1338/2025dismissed

Thaniel v. The Superintendent Of Police

2025-04-24Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR Thaniel ... Appellant Vs.

1.

The Superintendent of Police, Thirupathur, Thirupathur District.

The Deputy Superintendent of Police, Thirupathur, Thirupathur District.

The Inspector of Police, Yelagiri Hills Police Station, Thirupathur, Thirupathur District.

4.

V.C.Athithan ... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 05.11.2024 in W.P.No.19131 of 2024.

For Appellant : Mr.R.Ramesh For Respondents : Mr.M.Babu Muthu Meeran Additional Public Prosecutor for R1 to R3 : Mr.E.Veda Bagath Singh Special Government Pleader for R4

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) Under assail is the order dated 05.11.2024 passed in W.P.No.19131 of 2024.

The writ petitioner is the appellant before this Court. The writ petition was filed to direct the respondents 2 and 3 to conduct inquiry based on the representation submitted by the appellant on 07.05.2024.

4.

Perusal of the said representation reveals that it was addressed to the Superintendent of Police, Thirupathur District.

5.

The appellant seeks the relief relating to a property dispute. However, there is an allegation that fraudulent documents are created. If so, the appellant has to approach the competent Authority by filing a complaint. In the event of refusal, he has to approach the Judicial Magistrate by filing appropriate petition under the relevant provisions of law. Contrarily, the writ petition is not maintainable.

6.

The disputes of civil nature cannot be adjudicated in a writ petition. Even in case the documents are not disputed, the parties have to approach the civil Court for resolving the title dispute. In any event, the writ petition filed by the appellant is not maintainable. Thus, the Writ Court has rightly rejected the petition.

7.

We do not find any reason to interfere with the writ order impugned. Accordingly, the Writ Appeal stands dismissed. No costs. [S.M.S,J.] [K.R.S,J.] 24.04.2025 veda Index:Yes/No Speaking order/Non-speaking order

To 1.

The Superintendent of Police, Thirupathur, Thirupathur District.

The Deputy Superintendent of Police, Thirupathur, Thirupathur District.

The Inspector of Police, Yelagiri Hills Police Station, Thirupathur, Thirupathur District..

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda 24.04.2025