S.Muthusamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.37390 of 2016 and W.P.No.32039 of 2016 S.Muthusamy ... Petitioner Vs.

1.The Inspector of Police, District Crime Branch, Namakkal, Namakkal District.

2.J.S.Jangamma Chetty 3.Balasubramaniam ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the 1st respondent from interfering with the petitioner's sale agreement dated 10.12.2012 entered with the 2nd respondent in the guise of arrest.

For Petitioner : Mr.C.Prakasam For RR1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For RR2 : Mr.K.S.Karthikraja For RR3 : No Appearance

O R D E R

The writ petition has been filed to forbearing the 1st respondent from interfering with the petitioner's sale agreement dated 10.12.2012 entered with the 2nd respondent in the guise of arrest.

2. The learned Counsel for the petitioner would submit that on the basis of the sale agreement dated 10.12.2012, the second respondent already filed suit for specific performance before the Judicial Magistrate Court at Namakkal and it is pending. https://hcservices.ecourts.gov.in/hcservices/

3.Therefore, this Court is of the view that the second respondent has no business with the petitioner in respect of the sale agreement.

4.

With the above observations, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pds/lok To 1.The Inspector of Police, District Crime Branch, Namakkal, Namakkal District.

2.The Additional Public Prosecutor, High Court of Madras.

+1 cc to Mr.C.Prakasam, Advocate Sr.No.17198 +1 cc to Mr.K.S.Karthik Raja, Advocate Sr.No.17048 W.P.No.37390 of 2016 and W.P.No.32039 of 2016 MG(CO) CSL/01.04.2019 https://hcservices.ecourts.gov.in/hcservices/