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Madras High CourtWP/18603/2021disposed of

K.Venkadesan v. The Deputy Superintendent Of Police

2021-09-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.18603 of 2021 K.Venkadesan ... Petitioner Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Flower Bazaar, Chennai.

2.The Inspector of Police, B-1, North Beach Police Station, Chennai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents not to harass the petitioner in the name of investigation in pursuant to the petitioner's representation dated 12.08.2021.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondents : Mr.A.Damodaran Government Advocate (Crl. Side)

O R D E R

This Writ Petition is filed seeking direction to direct the respondents not to harass the petitioner in the name of investigation in pursuant to the petitioner's representation dated 12.08.2021.

2.The petitioner is residing at No.70, Lingu Chetty Street, Mannadi, Chennai - 600 001. According to the petitioner, there is a property situated at Door No.145, Lingu Chetty Stree,t George Twon Chennai and another property situated at Door No.222, Lingu Chetty Street, Chennai and the above said properties are stand in the name of the petitioner's father viz., Krishnamoorthi. With regard to the above said properties, there were property dispute prevailing between the petitioner's father and his brother sons viz., Nandha kumar, Dhanikachalam, who claimed right over the above said properties and the petitioner herein had approached the legal forum for seeking permanent injunction against the said persons by way of a Civil https://hcservices.ecourts.gov.in/hcservices/

Suit in O.S.No.4829 of 2021, which is pending before the II Additional City Civil Court, Chennai.

3.In the mean while, on a complaint received from Dhanikachalam, the second respondent police forced the petitioner to evict the said premises and to hand over the same to the said Dhanikachalam. Therefore, the petitioner had sent a representation dated 12.08.2021 to the respondents not to harass him under the guise of investigation. Hence the above petition. 4.The learned Government Advocate [Crl. Side] submitted that a complaint was received from one Dhanikachalam, which was forwarded to the respondent police in C.No.139 of 2021 and the petitioner was called for enquiry and the case has been closed. Now the said Dhanikachalam had given a letter on 07.08.2021 for withdrawing the complaint filed by him and also stated that he will approach the Civil Court for seeking his remedies. In view of the same, the petitioner herein is not needed for any enquiry.

4.Recording the submissions of the learned Government Advocate [Crl. Side], this writ petition stands disposed of accordingly. However there shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar ah To 1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Flower Bazaar, Chennai.

2.The Inspector of Police, B-1, North Beach Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

W.P.No.18603 of 2021 SVI(CO) B.VC (04/10/2021) https://hcservices.ecourts.gov.in/hcservices/