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Madras High CourtWP/27232/2018disposed of

R.Palanisamy v. The Deputy Superintenden Tof Police

2018-11-22Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P. No.27232 of 2018 and W.M.P. No.31674 of 2018 R.Palanisamy ... Petitioner Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Palladam, Tirpur District.

2. The Inspector of Police (Crime), Palladam Police Station, Palladam, Tirupur District.

3.K.Sathiskumar 4.P.K.Ganeshwar

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from conducting Kattapanchayat under the guise of enquiring into a civil dispute on the basis of the false complaint given by the 3rd respondent at the instance of the 4th respondent against the petitioner and consequently direct the respondents 1 and 2 not to harass the petitioner and his family members.

For Petitioner : Mr.S.Thangavel For Respondents 1 & 2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor * For Respondents 4 : Mr.A.Thiyagarajan

O R D E R

This Writ Petition has been filed for a direction to the respondent police not to interefere into the civil dispute on the basis of the complaint given by the third respondent at the instance of the fourth respondent. 2.The learned counsel for the petitioner would submit that the petitioner and his son and daughter had executed a Power of Attorney in favour of the third respondent on 11.04.2012. After execution of the Power of Attorney, the son of the petitioner died. Therefore, the Power of Attorney itself became extinct. Thereafter, the petitioner and his daughter had sold the property in the year 2013 to a third party.

3.The learned counsel would submit that there is a money claim made by the third respondent against the petitioner. Therefore, a complaint has been given before the respondent police in this regard. The learned counsel would submit that the respondent police instead of relegating the parties to the Civil Court is conducting an illegal enquiry and forcing the petitioner to settle the issue.

4.The learned Additional Public Prosecutor would submit that the respondent police are not interfering into the civil dispute and they are merely enquring the complaint given by the fourth respondent. If ultimately, the respondent police find that the issue involved is civil nature, the parties will be relegated to the Civil Court.

5.The learned counsel appearing for the * fourth respondents would submit that the petitioner owes a sum of Rs.3,20,00,000/- and the petitioner has cheated by not paying the amount and therefore, the petitioner himself attended the enquiry conducted by the respondent police. 6.This Court has carefully considered the submissions made on either side and also the materials placed on record.

7.This Court is able to see that the issue involved is purely civil in nature and the respondent police should not interefere with matters on this nature. 8.The third and fourth respondents will have to work out their remedy only before appropriate Civil Court and they cannot approach the police for the purpose of recovery of amount, that is alleged to be due from the petitioner.

9.In the result, the Writ Petition is disposed of with a direction to the respondent police not to interefere in the dispute and liberty is granted to the third and fourth respondents to work out their remedy before the appropriate Civil Court in accordance with the law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Ccc) * Corrected order to be issued 10.12.2018 as per order dated 10.01.2019 made in WP.No.27232 of 2018 Sd/- Assistant Registrar (CCC) 05.02.2019 //True Copy// Sub Assistant Registrar

ia/nmm To

1. The Deputy Superintendent of Police, Office of the Deputy To be Substituted Superintendent of Police, the order Palladam, Tirpur District.

already despatched

2. The Inspector of Police (Crime), on 07.01.19 Palladam Police Station, Palladam, Tirupur District.

+1cc to Mr.S.Thangavel, Advocate SR.No.79782 +1cc to Mr.A.Thiyagarajan, Advocate SR.No.2908 W.P.No.27232 of 2018 MR(CO) ASK(10/12/2018) CS/05/02/2019