K.Rajini @ Annadhurai, v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 21.06.2019
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD).No.12590 of 2019 K.Rajini @ Annadhurai ... Petitioner -Vs1.The Director General of Police, Mylapur, Chennai.
2.The Inspector General of Police, South Zone, Madurai.
3.The Deputy Inspector General of Police, Dindigul.
4.The Superintendant of Police, Dindigul District.
5.The Deputy Superintendent of Police, Vedachandur, Dindigul District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the fifth respondent from interfering in the civil dispute in respect of the property in the name and style as Anna Suvaiyagam situated in Samy Campus, Karur Road, Vedachandur, Dindigul District by considering the petitioner's representation, dated 20.05.2019.
For Petitioner :
Mr.K.Chengizkhan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)
O R D E R
This writ petition has been filed seeking for a direction to the fifth respondent not to interfere with the civil dispute in respect of the shop viz., Anna Suvaiyagam situated in Samy Campus, Karur Road, Vedachandur, Dindigul District.
2. The grievance of the petitioner is that one Kuppusamy is the owner of the above said building and he leased out the same to the petitioner on a oral lease agreement, and the petitioner is running a shop. Now, he has handed over the shop to one of his friends viz., Murugesan, for a temporary period. In the meantime, one of the sons of Kuppusamy viz., Ranjith has given a complaint as if the petitioner let out the shop to Murugesan without informing the landlord and based on the complaint, a crime has been registered against Murugesan and now the fifth respondent / the Deputy Superintendent of Police, Vedachandur, Dindigul District, on the basis of conducting investigation, is interfering with the civil dispute. Hence, he made a representation to the second respondent / Inspector of Police, South Zone, Madurai. Since no action has been taken, the present writ petition has been filed.
3. A perusal of the records would go to show that the son of landlord Kuppusamy has given a complaint before the Vedasandur Police Station alleging that the premises in question has been leased out to Annadurai, the petitioner herein, and the petitioner let out the property to Murugesan without informing the landlord. Hence, he locked the shop. Thereafter, the accused in the above said crime broke open the door and thereby occupying the property and when the complainant questioned the same, he threatened him with dire consequences. Based on the complaint, a crime has been registered against Murugesan for the offences under Sections 448, 427 and 506(i) of I.P.C. Now, the petitioner has come out with a case that the Deputy Superintendent of Police is interfering with the civil dispute between the petitioner and the landlord.
4. A crime has been registered against one Murugesan, who is said to have unauthorisedly damaged the shop and thereby occupying the property and also threatened the complainant with dire consequences and now, the above said complaint has been enquired into by the respondent police. The petitioner, who is not even an accused in the aforesaid crime, has filed the present writ petition without even impleading the de-facto complainant as a party to the writ petition.
5. Considering the facts and circumstances of the case, I find
no merit in the writ petition and the petitioner is not entitled for any relief in the writ petition. Hence, the writ petition is dismissed. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Director General of Police, Mylapur, Chennai.
2.The Inspector General of Police, South Zone, Madurai.
3.The Deputy Inspector General of Police, Dindigul.
4.The Superintendant of Police, Dindigul District.
5.The Deputy Superintendant of Police, Vedachandur, Dindigul District.
AKV W.P.(MD).No.12590 of 2019 21.06.2019 KM/(15.07.2019) 3P 6C