K.Soundararajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.Crl.(MD)No.357 of 2026 1.K.Soundararajan 2.K.Sundarasamy ... Petitioners Vs.

1. The State of Tamil Nadu, Rep.by The Sub-Inspector of Police, Navalpattu Police Station, Navalpattu, Trichy District.

2.S.Latha ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent not to interfere in the Civil Dispute under the guise of enquiry based on the proceeding in Crl.M.P. No.1414 of 2026 on the file of the Judicial Magistrate No.III, Tiruchirappalli since the matter is under the Judicial Scrutiny in O.S.No.852 of 2014 and O.S.No.1019 of 2022 on the file of the 2nd Additional Subordinate Judge, Tiruchirappalli and in W.P(MD)No.19768 of 2025 before this Court by considering the petitioner's representation dated 28.06.2025 within the period stipulated by this Court.

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For Petitioner : Mr.A.Haja Mohideen For R1 : Mr.M.Sakthi Kumar Government Advocate(Criminal)

ORDER

Seeking to direct the 1st respondent not to meddle in the civil dispute under the guise of enquiry based on the proceeding in Crl.M.P. No.1414 of 2026 on the file of the Judicial Magistrate No.III, Tiruchirappalli, this writ petition is filed.

2. Since no adverse order is passed against the 2nd respondent, notice to the 2nd respondent is dispensed with.

3. The learned counsel for the petitioners submitted that civil dispute is prevailing between the petitioners and the 2nd respondent in O.S.No.852 of 2014 and O.S.No.1019 of 2022 on the file of the 2nd Additional Subordinate Judge, Tiruchirappalli. While so, the 1st respondent police is harassing the petitioners by unnecessarily meddling in a civil dispute. Hence, the petitioners had made a representation dated 28.06.2025 and the same was not considered. Hence, this writ petition.

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4. The learned Government Advocate(criminal) submitted that already in a pending civil suit, the 2nd respondent had filed Crl.M.P.No.1414 of 2026 before the learned Judicial Magistrate No.III, Tiruchirapalli under Section 156(3) of Criminal Procedure Code seeking to register a First Information Report, in which the learned Judicial Magistrate has passed an order directing the respondent police to conduct an inquiry and file a report. Only pursuant to the said order, the petitioner was required to appear before the respondent police for enquiry. Otherwise, he was not harassed.

5. Heard the learned counsel on either side and carefully perused the materials available on record.

6. It is seen that the 1st respondent police had required the petitioner to appear before them pursuant to an order passed by the learned Judicial Magistrate No.III, Tiruchirapalli in Crl.M.P.No.1414 of 2026. It is needless to state that the respondent police do not have any right to meddle in civil dispute. However, it is made clear that the 1st respondent police could require the petitioner to appear for any inquiry only on issuing summons under Section 64 BNSS and the petitioner, on receipt of the same, shall proceed to the 1st respondent police, produce all the pending documents pertaining to O.S.Nos. 3/6

852 of 2014 and 1019 of 2022 on the file of the II Additional Subordinate Judge, Tiruchirapalli. On receipt of the same, the 1st respondent is directed to keenly look into the matter and if it is found that the dispute is exclusively with respect to the subject property of O.S.Nos.852 of 2014 and 1019 of 2022, it is further directed to submit a report before the learned Judicial Magistrate No.III, Tiruchirapalli elaborating the same. It is also made clear that the respondent police should not meddle in the said civil dispute, if it is found to be exclusively civil in nature in future.

7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 12.03.2026 NCC : Yes / No Index : Yes / No gbg TO:-

1. The The Sub-Inspector of Police, Navalpattu Police Station, Navalpattu, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/6

Madurai.

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L.VICTORIA GOWRI, J.

gbg Order made in Dated 12.03.2026 (2/2) 6/6