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Madras High CourtCRL OP(MD)/3558/2020closed

Chandrasekar v. The Superintendent Of Police

2020-02-27Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.(MD).No.1915 of 2020 Chandrasekar ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Additional Superintendent of Police, Office of the District Superintendent of Police, Prohibition Enforcement Wing, Sivagangai, Sivagangai District.

3.The Inspector of Police, Anti Land Grabbing Cell, Sivagangai, Sivagangai District.

4.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

5.Mahendran ... Respondents Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to not to interfere with the civil dispute regarding the premises ie., land bearing T.S.No.10 (Part), Door No.32, 33 and 34 Gandhi Street, New Ward No.5, Sivagangai Town, Sivagangai District pending the hearing and disposal of the civil suit O.S.No.19 of 2020 on the file of the District Munsif Court, Sivagangai.

For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Chandarasekar 1 to 4 Additional Public Prosecutor 1/3

ORDER

This Criminal Original Petition has been filed seeking direction to the respondents not to interfere with the civil dispute regarding the premises ie., land bearing T.S.No.10 (Part), Door No.32, 33 and 34 Gandhi Street, New Ward No.5, Sivagangai Town, Sivagangai District pending the hearing and disposal of the civil suit O.S.No.19 of 2020 on the file of the District Munsif Court, Sivagangai.

2.The learned counsel appearing for the petitioner would submit that the petitioner is in possession of a land bearing T.S.No.10 (part), Door No.32, 33 and 34, Gandhi Street, New Ward No.5, Sivagangai Town, Sivagangai District. Since the fifth respondent has attempted to evict the petitioner, the petitioner has filed a suit in O.S.No.19 of 2020 before the District Munsif Court, Sivagangai. While so, on the false complaint given by the fifth respondent, the fourth respondent Police has interfered in civil dispute and trying to evict the petitioner and his family members from the said premises.

3.Per contra, the learned Additional Public Prosecutor appearing for the respondent Police would submit that on the complaint given by one Mahendran with regard to the non payment of rent, enquiry has been initiated in C.S.R.No.48 of 2020. He would further submit that due enquiry will be conducted and if it is found that the matter relates to civil dispute between the petitioner and the fifth respondent, appropriate action will be taken. 4.Recording the submission made by the learned Additional Public Prosecutor, this criminal Original petition stands closed. Consequently, the connected criminal miscellaneous petition is also closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Munsif Court, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

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3.The Additional Superintendent of Police, Office of the District Superintendent of Police, Prohibition Enforcement Wing, Sivagangai, Sivagangai District.

4.The Inspector of Police, Anti Land Grabbing Cell, Sivagangai, Sivagangai District.

5.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-8910[F] dated 27/02/2020 ) +1 CC to M/s.V.KANNAN, Advocate ( SR-9021[F] dated 27/02/2020 ) and Crl.M.P.(MD).No.1915 of 2020 27.02.2020 SPU (12.06.2020) 3P-9C 3/3