S.Nagarajan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Nagarajan

...Petitioner

Versus

1.The Commissioner of Police Coimbatore, Coimbatore District.

2.The State Rep by its The Inspector of Police, Sultanpettai Police Station, Sulur, Coimbatore District.

3.Ranganathan 4.Pongalamani

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondent No.1 and 2 from interfering with the civil dispute pending between the Petitioner and respondent No.3 and 4 in O.S. No. 70 of 2023 on the file of the District Munsif Judge at Sulur. For Petitioner : Mr.K.Mayilsamy For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl.Side) For R3 & R4 : Mr.M.R.Thangavel

ORDER

This Criminal Original Petition has been filed forbearing the respondent No.1 and 2 from interfering with the civil dispute pending between the petitioner and respondents 3 and 4 in O.S.No. 70 of 2023 on the file of the District Munsif Judge, Sulur.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen that the petitioner owned property, comprised in S.N.No.241/2A and 241/2B, admeasuring 2 acres and 62 cents and co-sharer of a cart track comprising in S.N.No.241/2B, situated at Kamanaickenpalayam, Sulur, Coimbatore District. However, there is dispute in respect of right over the cart track between the petitioner and the respondents 3 and 4 herein, which has resulted in O.S.No.70 of 2023, pending on the file of the District Munsif, Sulur. While being so, the respondents 3 and 4 lodged a complaint before the second respondent, who intervened in the civil dispute between the petitioner and the respondents 3 and 4.

4. On instructions, the learned Government Advocate

(Crl.Side) appearing for the respondents 1 and 2 submitted that based on the complaint received from the respondents3 and 4, they were issued CSR No.171 of 2024. Thereafter, an enquiry was conducted and the same was closed on 04.05.2024.

5. Even then, the first and second respondents have no role to play in the civil dispute pending between the petitioner and the respondents 3 and 4 to interfere. If any offence committed by the petitioner or the respondents 3 and 4, the second respondent is at liberty to proceed as against them in accordance with law.

6. With the above direction, this Writ Petition stands disposed of. No costs.

04.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To 1.The District Munsif Judge, Sulur 2.The Commissioner of Police Coimbatore, Coimbatore District.

3.The Inspector of Police, Sultanpettai Police Station, Sulur, Coimbatore District.

4.The Public Prosecutor, High Court of Madras, Chennai.

04.03.2025