Madras High CourtWP(MD)/5664/2020disposed of

Marry Berpethal v. The Superintendent Of Police

2020-03-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5664 of 2020 and W.M.P.(MD)No.4941 of 2020 MarryBerpethal ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Kanyakumari District, Nagercoil.

3.Peterpaul, The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Kanyakumari District, Nagercoil.

4.Fr.Jees Raymond ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to forbear the respondents 1 to 3 from interfering in the civil dispute between the petitioner and the fourth respondent till the disposal of the civil suits in O.S.No.75 of 2019 and O.S.No.31 of 2020 pending in the civil Court in Kuzhithurai and also based on the petitioner's representation dated 12.03.2020 within the period stipulated by this Hon'ble Court. For Petitioner : Mr.Ananth C. Rajesh For R1 to R3 : Mr.M.Ananthadevi, Government Advocate(Crl.side)

ORDER

The petitioner alleges interference on the part of the respondent police in the civil dispute pending between her and the fourth respondent.

2.The learned Government Advocate(Crl.side) submitted that based on the complaint of the fourth respondent, the petitioner had been summoned for attending an enquiry.

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3.The petitioner herein undertakes to appear before the second respondent for enquiry. If the respondent police registers FIR against the petitioner, the petitioner will be duly notified about the same. So that the petitioner will have adequate breathing time to move before Court either for quashment of FIR or for getting anticipatory bail. The petitioner will not be repeatedly summoned for enquiry. In any event, the respondent police will not interfere in the civil dispute. They have to act strictly as per Cr.P.C. 4.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Kanyakumari District, Nagercoil.

3.Peterpaul, The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Kanyakumari District, Nagercoil.

+1 CC to M/s.ANANTH C.RAJESH, Advocate ( SR-12373[F] dated 18/03/2020 ) W.P.(MD)No.5664 of 2020 18.03.2020 SPU (12.06.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/