Bala Gurunathan v. The State Of Tamil Nadu

1 W.P.(MD)NO. 5443 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5443 of 2020 and W.M.P.(MD)Nos.4744 & 4746 of 2020 Bala Gurunathan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary, Department of Home, Govt. of Tamil Nadu, Fort St. George, Chennai.

2. The Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, C-3, S.S.Colony police station, Madurai.

4. Manikumar, Sub Inspector of Police, C-3, S.S.Colony police station, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned summons issued by the third respondent dated 11.03.2020 and quash the same as illegal and consequently forbear the respondents from harassing the petitioner or his tenants by interfering into the civil dispute subject matter of the civil suit in O.S.No.186 of 2019 on the file of the VI Additional District Court, Madurai. For Petitioner : Mr.M.Mahaboob Athiff, for M/s.Ajmal Associates.

For R-1 to R-3 : Mr.A.Robinson, Government Advocate(Crl. Side).

For R-4 : Mr.Ajmath Khan For Intervenor : Dr. Deepa * * * 1/5

2 W.P.(MD)NO. 5443 OF 2020

O R D E R

The petitioner alleges harassment at the hands of the respondent police. The petitioner challenges the summon issued by the third respondent.

2. According to him, there is a civil dispute between the petitioner and his sister Dr.Deepa. She had already filed a suit in O.S.No.186 of 2019 on the file of the VI Additional District Court, Madurai and the same is still pending.

3. The learned Government Advocate(Crl. Side) submitted that the intervenor Dr.Deepa had given a complaint and in order to enquire into the same, the petitioner has been formally summoned.

4. I am of the view that issuance of summons as such cannot be challenged. The petitioner undertakes to appear before the third respondent at 10.30 a.m. on 23.03.2020. It is made clear that if the respondent police registers any First Information Report against the petitioner, the petitioner will be given notice so that the petitioner will have sufficient breathing time to move this Court either for the relief of quashing or for the relief of anticipatory bail.

5. It is made clear that this Court has not gone into the merits of the matter. I have to necessarily record the contentions of the respective counsel. While the petitioner would claim that the issue is purely civil in nature, the learned counsel appearing for the intervenor would claim that the petitioner had committed breach of trust.

6. The third respondent will take action in the matter, if any cognizable offence is made out. The third respondent is restrained from interfering in the dispute between the petitoner and his sister.

7. With this observation, the writ petition stands disposed of. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Pmu 2/5

3 W.P.(MD)NO. 5443 OF 2020 To

1. The Secretary, Department of Home, Govt. of Tamil Nadu, Fort St. George, Chennai.

2. The Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, C-3, S.S.Colony police station, Madurai.

+1 CC to M/s.APN.LAW ASSOCIATES, Advocate ( SR-11968[F] dated 17/03/2020 ) W.P.(MD)No. 5443 of 2020 16.03.2020 NR(09.06.2020) 3P 5C 3/5