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Madras High CourtWP(MD)/6247/2022closed

Malaichamy .M v. The Inspector Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam2 pages

W.P(MD)No.6247 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD)No.6247 of 2022 and W.M.P(MD)Nos.4851 and 4852 of 2022 1.M.Malaichamy 2.Balakarthikeyan

...Petitioners

Vs.

1.The Inspector of Police, Anna Nagar Police Station, Madurai.

2.P.Marimuthu 3.Ponnusamy 4.Maharajan 5.Saravanan 6.Pandi Selvi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the first respondent from interfering in the civil dispute in O.S.No.46 of 2022 pending on the file of the District Munsif Court, Melur, nor threatening the petitioner to enter into a compromise on the basis of the complaint lodged by the respondents 3 to 6 in respect of the properties comprised in R.S.No.13/1B1, Vandiyur Village, Madurai District, S.No.142/5, Nelmudikarai Village, Sivagangai District. For Petitioner : Mr.R.G.Shankar Ganesh For R1 : Mr.M.Sakthi Kumar Government Advocate (crl.side) For R2 to R5 : No Appearance

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus to forbear the first respondent from interfering in the civil dispute in O.S.No.46 of 2022 pending on the file of the District Munsif Court, Melur, nor threatening the petitioner to enter into a compromise on the basis of the complaint lodged by the respondents 3 to 6 in respect of the properties comprised in R.S.No.13/1B1, Vandiyur Village, Madurai District, S.No.142/5, Nelmudikarai Village, Sivagangai District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.6247 of 2022 2.The learned counsel for the petitioners submitted that the first petitioner is the father and the second petitioner is his son. The respondents 2 to 5 are the relatives of the petitioners. The second petitioner's sister, namely, M.Asha Devi is residing at Australia. Taking that advantage, the respondents 3 to 6 are attempted to create forged documents to grab the properties of Asha Devi. Hence, on the basis of the power of attorney deed, as the power agent, the second petitioner has filed a suit O.S.No.46 of 2022 before the District Munsif Court, Melur. The summons in the suit were served on the respondents 2 to 5. On the complaint lodged by the respondents 3 to 6, the first respondent police are interfering with the matter and threatened the petitioners. Hence, the petitioners have filed this petition.

3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that after receiving the complaint, the respondent police enquired the matter. When the enquiry, the petitioners and the respondents 3 to 6 were appeared and gave a statement that they have already settled the issue before the Civil Court. Therefore, the respondent police closed the petition and there is no complaint is pending as against the petitioners herein. 4.Recording the said submission made by the learned Government Advocate (Crl.side), this Writ Petition is closed. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T&P) // True Copy // /07/2022 Sub Assistant Registrar(CS) vsd To 1.The Inspector of Police, Anna Nagar Police Station, Madurai.

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

W.P(MD)No.6247 of 2022 and W.M.P(MD)Nos.4851 and 4852 of 2022 10.06.2022 RD(06.07.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2