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Madras High CourtWP/19860/2024disposed of

S.Manikandan v. The Government Of Tamil Nadu

2024-07-23Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Manikandan ... Petitioner Vs

1. The Government of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Dr. Radhakrishnan Road, Mylapore, Chennai.

3. The Deputy Inspector of General of Police, Coimbatore Range, Coimbatore.

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

5. Saravanakumar

6. Karaikal Pari Shankar

7. Sekar

8. B.Sivakumar

9. Dhanalakshmi ... Respondents 1/5

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to conduct enquiry based on the petitioner's representation dated 05.07.2024 and to take action against the fifth to seventh respondents and fixed the time frame.

For Petitioner : Mr. M.Selvam For Respondents : Mr. Yogesh Kannadasan, Special Government Pleader (for R1 to R4)

O R D E R

The Writ Petition has been filed for directing the first and second respondents to conduct an enquiry based on the petitioner's representation dated 05.07.2024, and to take action against the fifth to seventh respondents.

2. It is seen from the records that there is a civil dispute between the petitioner and the eighth and ninth respondents herein. In this regard, the petitioner has also filed a suit in O.S. No. 353 of 2024 before the IV 2/5

Additional District Munsif Court, Coimbatore, and it is pending with an interim order of injunction. Prior to that, the petitioner lodged a complaint, and the eighth and ninth respondents also lodged a complaint. Both were registered in Crime Nos. 94 and 95 of 2024.

3. Now, the petitioner is facing a criminal charge. The petitioner lodged complaint to take appropriate action against the fifth to seventh respondents herein, who attempted to evict the petitioner forcibly from the tenanted premises owned by the eighth and ninth respondents. When the Civil Court passed interim injunction in favour of the petitioner, the fifth to seventh respondents herein have no role to play in the civil dispute pending between the petitioner and the eighth and ninth respondents herein.

4. In view of the above, the fifth to seventh respondents are directed not to interfere with the civil dispute pending between the petitioner and the eighth and ninth respondents herein, except for the investigation pursuant to the registration of Crime Nos. 94 and 95 of 2024. 3/5

5. With the above directions, this Writ Petition is disposed of. No costs.

23.07.2024 Index:Yes/No kv To

1. The Government of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, Dr. Radhakrishnan Road, Mylapore, Chennai.

3. The Deputy Inspector of General of Police, Coimbatore Range, Coimbatore.

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

4/5

G.K.ILANTHIRAIYAN, J.

kv 23.07.2024 5/5