Selvi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.34252 of 2019 and W.M.P.No. 34883 of 2019 Selvi ...Petitioner -Vs1.The Superintendent of Police, Office of the SP, Namakkal - 637 001.
2. The Inspector of Police, Belukurichi Police Station, Rasipuram Taluk - 637 408, Namakkal District.
3. The Sub Inspector of Police, Oilpatti Police Station, Rasipuram Taluk, Namakkal District.
4. Rathinavel ...Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, directing the respondents 1 to 3 not to intervene with the use, possession and enjoyment of the land bearing Survey No.251/5, situated in Lineman Garden, Karkoodalpatti Village (Bit-I) Rajapalayam - 636 202, Rasipuram Taluk, Namakkal District, being the subject matter of the suit in O.S.No. 113 of 2019, on the file of the District Munsif of Rasipuram, otherwise than in accordance with law and procedure, within a time frame as may be fixed by this Court. For Petitioner : Mr.Elizabeth Ravi For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R3.
ORDER
This petition has been filed seeking direction to the respondents 1 to 3 not to intervene with the use, possession and enjoyment of the land bearing Survey No. 251/5, situated in Lineman Garden, Karkoodalpatti Village (Bit - I) Rajapalayam - 636 2020, Rasipuram Taluk, Namakkal District, being the subject matter of the suit in O.S.No. 113 of 2019, on the file of the District Munsif of Rasipuram.
2. The learned Additional Public Prosecutor filed a counter affidavit, the relevant Paragraph Nos. 6 & 7, are extracted here under;
6. It is further submitted that the allegation in Para 21 of the affidavit in support of the writ petitioner that the respondent have called the husband of the writ petitioner and others is not correct. During the course of enquiry of the CSR, both parties were asked to be present for enquire; while, the husband of the writ petitioner came to Police Station and informed me about the civil suit pending before the District Munsif Court, Rasipuram in O.S.No. 113 of 2019. Having known the fact that a civil suit is pending before the competent court, the petitioner in C.S.R.No. 127 of 2019 was advised to seek her remedy in the civil court.
7. It is respectfully submitted further that since the matter is pending before the competent civil court, respondents 1 to 3 have not dealt the issue in deep; both parties were advised to seek their remedy from the civil court and to not involve in cognizable offences.
3. Considering the facts and circumstances of the case, the respondents 1 to 3 are directed not to interfere with the Civil dispute pending between the petitioner and the 4th respondent herein except any crime as against the petitioner or the 4th respondent herein.
4. Accordingly, the present writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmm
To 1.The Superintendent of Police, Office of the SP, Namakkal - 637 001.
2. The Inspector of Police, Belukurichi Police Station, Rasipuram Taluk - 637 408, Namakkal District.
3. The Sub Inspector of Police, Oilpatti Police Station, Rasipuram Taluk, Namakkal District.
Copy To The District Munsif, Rasipuram Taluk, Nammakkal District.
+1cc to M/s.Elizabeth Ravi, Advocate, S.R.No.22998 W.P.No. 34252 of 2019 RLD(CO) KKV/24/07/2020