P. Malaiyan Kounder, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 8962 of 2019 P. Malaiyan Kounder

...Petitioner

Vs.

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

3. P. Matchakalai

...Respondents

PRAYER : This Petition filed under Section 482 of Criminal Procedure Code, to direct the Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District not to interfere into the civil subject matter which is pending adjudication in O.S. Nos.4 of 2019 and 5 of 2019 before the learned Principal District Munsif, Nilakottai, Dindigul in connection with the property situated in Survey No.209/3, 209/4, 209/5, 210/4, 210/5, 210/6, 210/11, 210/12, 209/2, 210/7, 210/9 and 210/10 at Jumbuduraikottai Village, Nilakottai Taluk, Dindigul District.

For Petitioner : Mr.R. Anand For Respondents-1 & 2 : Mr. K.K. Ramakrishnan Additional Public Prosecutor For Respondent-3 : Mr.S. Sarvagan Prabhu

ORDER

This Criminal Original Petition has been filed seeking a direction to the second respondent Police not to interfere with the civil dispute between the petitioner and the third respondent. 2.According to the petitioner, the petitioner and third respondent are brothers. Earlier, the third respondent has sold the property in favour of the petitioner's son and thereafter, the petitioner's son has executed a settlement deed in favour of the petitioner. The petitioner is now in possession and enjoyment of https://hcservices.ecourts.gov.in/hcservices/

the property. The third respondent herein filed three civil suits before the Civil Court in respect of the very same property and the suits are pending. Now, the third respondent is said to have given a complaint before the second respondent. Based on the same, the second respondent is harassing the petitioner and asking him to hand over the possession to the third respondent. In the above circumstances, the present petition has been filed. 3.The learned Additional Public Prosecutor appearing for the State, on instructions, submitted that the complaint given by the third respondent has been enquired into and the same was closed as civil dispute.

4.Considering the facts and circumstances of the case and also considering the fact that the complaint has been enquired into and the same was closed by the second respondent Police, no further adjudication is required in this Criminal Original Petition. Accordingly, the Criminal Original Petition stands closed. However, the second respondent Police is directed not to harass the petitioner under the guise of enquiry and also not to interfere with any civil dispute between the parties. Sd/- Assistant Registrar (A.S) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

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

CRL OP(MD).No. 8962 of 2019 12.07.2019 CS(25.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/