Abdul Rahman v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA W.P.No.31056 of 2022 and W.M.P.No.30455 of 2022 1.Abdul Rahman 2.A.Hafeefa Arashiya ... Petitioners Vs.

1.The Sub Inspector of Police, Land Grabbing Special Cell, Office of the Commissioner of Police Coimbatore, Joint Building 3rd Floor, Room No.302, Coimbatore City.

2.R.Devi ... Respondents PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the first respondent from interfering in the civil dispute between the petitioners with second respondent on the basis of the representation dated 08.11.2022. For Petitioners : Mr.S.Venkatesh For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side) 1/4

O R D E R

This Writ Petition has been filed to forbear the first respondent from interfering in the civil dispute between the petitioners and the second respondent on the basis of the representation dated 08.11.2022.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

3. The learned counsel for the petitioners submitted that the subject matter itself is a house property about which there is an agreement between the second respondent and the first petitioner; after paying the sale consideration, the vendor by name Jaisree had executed a sale deed in favour of the second petitioner by virtue of a sale deed dated 09.07.2020; the second respondent who has acted as a Mediator for the said transaction demands three lakhs towards commission from the petitioners; since the petitioners refused to pay the same, she had given a false complaint before the Land Grabbing Cell; the first respondent police without verifying the real facts, is harassing the petitioners to make their appearance before him; since it is only a civil dispute in which the first respondent police should not interfere. 2/4

4. The learned Government Advocate (Crl.Side) submitted that on the complaint given by the second respondent, current paper enquiry has been initiated in C.No.199/AC/ALGSC/CBE CITY/2022 and enquiry is in progress.

5. In such case, I feel it is appropriate to direct the first respondent to complete the enquiry and do the needful in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed. Consequently, connected miscellaneous petition is closed. Index: Yes/No 22.11.2022 Speaking / Non Speaking Order gsk 3/4

R.N.MANJULA, J.

gsk To 1.The Sub Inspector of Police, Land Grabbing Special Cell, Office of the Commissioner of Police Coimbatore, Joint Building 3rd Floor, Room No.302, Coimbatore City.

2.The Public Prosecutor, High Court, Madras.

W.P.No.31056 of 2022 and W.M.P.No.30455 of 2022 22.11.2022 4/4