Poovathal, v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.7946 of 2017 and W.M.P.No.8704 of 2017 1.Poovathal 2.Dhanasekar 3.Krishnaveni 4.Yasoda 5.Mageswari ... Petitioners Vs.

1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Assistant Commissioner of Police, Coimbatore City (Crime Branch), Coimbatore.

3.K.Jamunarani ... Respondents PRAYER:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent police not to compel the petitioners herein to divide and settle the suit schedule property situated at Coimbatore Registration District, Coimbatore Taluk, Chinnavedampatti Village bearing S.Nos.171, 172/1, 173, 174, 271/1 and 272/1 which is subject matter in O.S.No.219 of 2007 on the file of the Fast Tack Court No.II, Coimbatore.

For Petitioners : Mr.Venkadeshan For Respondents for R1 & R2 : Mr.M.Mohammed Riyaz Additional Public Prosecutor.

for R3 : No appearance

O R D E R

The petition has been filed to direct the second respondent police not to compel the petitioners herein to divide and settle the suit schedule property, which is subject matter in O.S.No.219 of 2007 on the file of the Fast Tack Court No.II, Coimbatore.

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2.

It is seen from the records that there is a civil suit pending between the parties before the Court below. When the civil suit is pending between the parties, the police officials have no role to play in the dispute between the private persons. Therefore, the second respondent is directed not to interfer with the civil dispute between the petitioners and the third party, if no complaint is pending as against the petitioners involving any cognizable offence.

3.

With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar jas/rts To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Assistant Commissioner of Police, Coimbatore City (Crime Branch), Coimbatore.

3.The Public Prosecutor, High Court, Madras.

W.P.No.7946 of 2017 and W.M.P.No.8704 of 2017 AK(CO) CSL/03.05.2019 https://hcservices.ecourts.gov.in/hcservices/