Madras High CourtWP/17267/2022disposed of

M.R.Chendilnathan v. The District Collector

2022-07-07Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M.R.Chendilnathan ... Petitioner

Versus

1.The District Collector Chengalpattu District 2.The Director General of Police No.601, Dr.Radhakrishnan Salai Mylapore, Chennai - 600 004 3.The Superintendent of Police Chengalpattu District 4.The Inspector of Police Land Grabbing Special Cell Chengalpattu District 5.The Inspector of Police District Crime Branch Chengalpattu District 6.Velmurugan ... Respondents Prayer: Writ Petition has been praying for issuance of Writ of Mandamus, directing the respondents 2 to 5 not to interfere in the civil dispute with regard 1/5

to the vacant land totally measuring 2 Acres 72 Cents Cheyyur E Village, Cheyyur Taluk, Chengalpattu District pending between the petitioner and the 6th respondent in O.S.No.5232 of 2021 on the file of V Assistant City Civil Court and OS.S.R.No.1239 of 2022 on the file of Principal District Judge, Chengalpattu.

For Petitioner : Mr.S.Jaganathan For Respondents : Mr.A.Gokulakrishnan R1 to R5 Additional Public Prosecutor

ORDER

According to the petitioner, he has obtained No Objection Certificate from Tahsildar and purchased the land measuring 2 acres 7 cents. Thereafter, the sixth respondent is preferring false complaints to the authorities alleging he has conveyed Anadheenam lands and for cancellation of patta. The main grievance of the petitioner is that even though, it is a civil dispute, the respondent police is threatening him with dire consequences and further submits that several suits are pending before the Trial Court. Hence, he has filed this petition to forbear the respondents 2 to 5 not to interfere in the civil dispute with regard to the vacant land totally measuring 2 Acres 72 Cents Cheyyur E Village, Cheyyur Taluk, Chengalpattu District.

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2. The learned counsel for the petitioner submits that as the matter is purely civil matter between the petitioner and the sixth respondent, the respondents police is interfering into their matter, even though suits are pending before the Trial Court. Hence, he prayed this Court to forbear the respondents 2 to 5 not to interfere in the civil dispute.

3. On the other hand, the learned Additional Public Prosecutor submits that there are three complaints pending against the petitioner and the respondent police is carrying on with their investigation.

3. Considering the submission of the learned Additional Public Prosecutor, this Court directs the respondent police to issue notice of enquiry to the petitioner with regard to the complaints mentioned above. On such notice, the petitioner shall appear and co-operate with the investigation. If the respondent police finds that it is purely a civil dispute, then the parties shall be relegated to civil court, if otherwise, any cognisable offence is made out, the respondent police may proceed in accordance with law. 3/5

4. With the above directions, this writ petition stands disposed of. No costs.

07.07.2022 dhk To 1.The District Collector Chengalpattu District 2.The Director General of Police No.601, Dr.Radhakrishnan Salai Mylapore, Chennai - 600 004 3.The Superintendent of Police Chengalpattu District 4.The Inspector of Police Land Grabbing Special Cell Chengalpattu District 5.The Inspector of Police District Crime Branch Chengalpattu District 4/5

N. SATHISH KUMAR,J.

dhk 07.07.2022 5/5