Madras High CourtWP(MD)/4499/2021disposed of

Kannan.V v. The Superintendent Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.4499 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.4499 of 2021 V.Kannan ... Petitioner Vs.

1.The Superintendent of Police Tirunelveli District, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

4.M.Akram 5.M.Kadafi ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the second and third respondents from interfering with the civil dispute and dispossessing the petitioner from the possession of the property in Ayan Punjai Survey No.174/1A2A to an extent of 2 acres 50 cents situated in Munneerpallam Village, Palayamkottai Taluk, Tiruneleveli District, without following due process of law. For Petitioner : Mr.R.Pon Karthikeyan For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (crl.side)

O R D E R

The prayer sought for in the present writ petition is to direct the respondents 2 and 3 from interfering with the civil dispute and dispossessing the petitioner from the possession of the property in Ayan Punjai Survey No.174/1A2A to an extent of 2 acres 50 cents situated in Munneerpallam Village, Palayamkottai Taluk, Tiruneleveli District, without following due process of law. 2.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that on the complaint lodged by the respondents 4 and 5 herein, a case has been registered by the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4499 of 2021 respondent as against the petitioner in Crime No.5 of 2022 for the offences under Sections 120(b), 465, 468, 471 and 490 of IPC, in which, the petitioner is arrayed as third accused and the investigation is pending.

3.However, the learned counsel for the petitioner submitted that the second and third respondents are interefering with the civil dispute pending between the petitioner and the respondents 4 and 5 herein in respect of the property comprised in Survey No.174/1A2A to an extent of 2 acres 50 cents situated in Munneerpallam Village, Palayamkottai Taluk, Tiruneleveli District. 4.Considering the above, the second and third respondents are directed not to interfere with the civil dispute pending between the petitioner and the respondents 4 and 5 herein, except the case registered as against the petitioner in Crime No. 5 of 2022. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cp To 1.The Superintendent of Police Tiruneleli District, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

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

+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-13152[F] dated 21/03/2022 ) W.P.(MD)No.4499 of 2021 18.03.2022 RK(01/04/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2