Mr.R.Ramakrishnan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN

1. Mr.R.Ramakrishnan S/o. Ramadoss, No.31/4, Sathiyamoorthi Nagar, Teynampet, Chennai-600018.

Appellant(s) Vs

1. The Inspector of Police E-3, Teynampet Police Station, Chennai-600018.

2.Thirupadhi S/o. Elumalai, A Block, No.11, Alayamman Kovil Street, S.M.Nagar, Teynampet, Chennai-600018.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, to direct the 1st respondent to evict the 2nd respondent from the property situated at No.31/4, Sathiyamoorthi Nagar, Teynampet, Chennai 600018 and restore possession to the petitioner.

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For Appellant(s):

Mr.K.Gajendiran For Respondent(s):

Dr.C.E.Pratap Government Advocate (Crl.Side) For R1

ORDER

This Writ Petition has been filed to direct the first respondent-Police to evict the private respondent herein/second respondent from the property situated at No.31/4, Sathiyamoorthi Nagar, Teynampet, Chennai 600018 and restore possession to the petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent-Police and perused the materials available on record.

3. It is submitted by the learned counsel for the petitioner that the petitioner's mother leased out her property to the second respondent herein. After expiry of the lease period, the second respondent has not handed over the possession to her mother. Hence, he seeks direction to the first respondentPolice to evict the second respondent from the subject property. 2/5

4. On a perusal of the records, it is seen that the dispute between the parties is civil in nature. The petitioner has to approach the competent civil court for appropriate remedy. He cannot invoke the Article 226 of the Constitution of India for eviction of the parties in the private property. The Writ Court cannot conduct a roving enquiry and find out the correctness of the right and interest over the property. The competent court is the Civil Court which can testify the veracity of the pleadings and the documents by way of oral and documentary evidence. The petitioner is not entitled to the relief as sought for by him in this writ petition.

5. In view of the same, this Writ Petition is dismissed. The petitioner is at liberty to work out his remedy in the manner known to law before the competent civil court.

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To 1.The Inspector of Police E-3, Teynampet Police Station, Chennai-600018.

2. The Public Prosecutor, High Court, Chennai.

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P.VELMURUGAN J.

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