Madras High CourtWP/18700/2014closed

S.B.Jayaprakash, v. The Director General Of Police

2021-11-12Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.18700 OF 2014 AND M.P.NO.1 OF 2014 S.B.Jayaprakash ... Petitioner Vs

1. The Director General of Police, Kamaraj Road, Mylapore, Chennai - 600 004.

2. The Inspector General of Police, Tamil Nadu West Zone, Racecourse Road,

3. The Commissioner of Police, Coimbatore, Coimbatore District.

4. The Assistant Commissioner of Police, Coimbatore City Police- East, Singanallur, Coimbatore.

5. The Inspector of Police, B-5, Singanallur Police Station, (Law and Order)

6. The Inspector of Police, B-5, Singanallur Police Station, (Crime),

7. The Inspector of Police, B-6, Peelamedu Police Station, (Law and Order),

8. The Inspector of Police, B-6, Peelamedu Police Station, (Crime)

9. N.Prabhu .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 4 to 8 authorities from harassing the petitioner and his family members in respect of money transactions with 9th respondent (Civil disputes) and also directing the respondents 1 to 3 to take necessary departmental actions against the respondents 4 to 8.

For Petitioner : M/s.Pramila For M/s.P.Nethaji For Respondents : Mr.C.Jayaprakash Government Advocate [For R1 to R8] Mr.Prakash Adiapadam [For R9]

ORDER

The relief sought for in the present writ petition is to forbearing the respondents 4 to 8 authorities from harassing the petitioner and his family members in respect of money transactions with 9th respondent (Civil disputes) and also directing the respondents 1 to 3 to take necessary departmental actions against the respondents 4 to 8.

2. The grievances of the writ petitioner is that the respondent-Police is interfering with the Civil Disputes between the petitioner and the 9th respondent. This Court is of the considered opinion that the Police authorities are not permitted to adjudicate such Civil Disputes in Police Stations, there are

several circulars issued by the Police Headquarters in this regard and under these circumstances the respondents 4 to 8 are bound to follow the same in the matter of while dealing with the complaint. Once the complaint filed by a person is traced out as a Civil nature, then the Police authorities must adviced the parties to approach the competent Civil Court of Law.

3. Contrarily, they cannot adjudicate the matter or made any attempt to resolve the matter by way of coercion or otherwise. As far as the present writ petition is concerned, the allegation was of the year 2014 and the learned Government Counsel brought to the notice of this Court, that enquiry was conducted and subsequently the parties were advised to approach the competent Civil Court of Law and the complaint was closed.

4. This being the factum, no further adjudication is required. Thus, the writ petition stands closed. No Costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar nti/vs To