Mrs. Palaniyammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4319 of 2019 Palaniayammal ... Petitioner /Vs./ 1.State represented through The Superintendent of Police, O/o. Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, D.S.P. Office, Bodinayakkanur, Theni-625513.

3.The Inspector of Police, Chinnamannur Police Station, Chinnamannur, Theni District-625515.

4.The Inspector of Police, Anti Land Grabbing Special Wing, Superintendent of Police Office Campus, Theni District.

5.Mr.Pitchaipandi, Inspector of Police, Anti Land Grabbing Special Wing, Superintendent of Police Office Campus, Theni District.

6.Mr.Prabharan, Special Sub Inspector of Police, Anti Land Grabbing Special Wing, Superintendent of Police Office Campus, Theni District.

7.Mr.Rafiq, Sub Inspector of Police, Chinnamannur Police Station, Theni District.

8.Malarmannan 9.Thangamani 10.Ravi 11.Naveen Kumar 12.Latha ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the respondents 5 to 7 not to interfere with the civil dispute between the petitioner and the respondent Nos.8 to 12 in respect of agricultural property situated in Survey No.613/2C and 613/2A, Markkayankottai Village, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.R.Karunanidhi For R-1to R-7 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

This petition is filed to direct the respondents 5 to 7 not to interfere with the civil dispute between the petitioner and the respondent Nos.8 to 12 in respect of agricultural property situated in Survey No.613/2C and 613/2A, Markkayankottai Village, Uthamapalayam Taluk, Theni District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 7.

3. The learned counsel appearing for the petitioner submitted that the petitioner owns a piece of land and his adjacent owner is the eighth respondent and he faces harassment at the instance of the eighth respondent and others. He also submitted that there are three suits pending between the parties in O.S.Nos.118, 119 and 203 of 2018, before the District Munsif Court, Uthamapalayam.

4. The learned Additional Public Prosecutor submitted that at the instance of the eighth respondent, who is the mother of the ninth respondent, a case in Crime No.45 of 2018 has been registered under Sections 420, 465, 468, 471 and 109 I.P.C. on the file of the respondent Police.

5. Inasmuch as the criminal case is pending against the petitioner, the Investigating Agency is directed to investigate the aforesaid case strictly in accordance with law and not to display any over enthusiasm as to over step is bounced of legal responsibility.

6. The statement of the learned Additional Public Prosecutor is recorded.

7. In view of the above, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, O/o. Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, D.S.P. Office, Bodinayakkanur, Theni-625513.

3.The Inspector of Police, Chinnamannur Police Station, Chinnamannur, Theni District-625515.

4.The Inspector of Police, Anti Land Grabbing Special Wing, Superintendent of Police Office Campus, Theni District.

5.Mr.Pitchaipandi, Inspector of Police, Anti Land Grabbing Special Wing, Superintendent of Police Office Campus, Theni District.

6.The Special Sub Inspector of Police, Anti Land Grabbing Special Wing, Superintendent of Police Office Campus, Theni District.

7.The Sub Inspector of Police, Chinnamannur Police Station, Theni District.

8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-55890[F] dated 22/03/2019 ) TSG Order made in Crl.O.P.(MD)No.4319 of 2019 22.03.2019 KM/(11.04.2019) 4P 10C