M.Kannaki, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13270 of 2018 M.Kannaki ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

3. The Inspector of Police, Chekkanoorani Police Station, Madurai District.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second and third respondents not to interfere into the civil subject matter in respect of the properties situated in 182/5C3, 182/8, 182/9, 182/10 and 182/5C4 A.Kokkulam Village, Thirumangalam Taluk, Madurai District by forcing her to execute a sale deed as directed by them. For Petitioner : Mr.R.Anand For Respondents : Mr.P.Kannidevan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the second and third respondents not to interfere into the civil subject matter in respect of the properties situated in 182/5C3, 182/8, 182/9, 182/10 and 182/5C4 A.Kokkulam Village, Thirumangalam Taluk, Madurai District by forcing the petitioner to execute a sale deed. 2.The learned counsel for the petitioner submits that the petitioner had entered into an sale agreement with one Jenni w/o Balaboomi with regard to the petitioner's property. Since the said Jenni had not given the amount as agreed, the petitioner proposed to cancel the sale deed. Hence, the said Jenni lodged a complaint before the respondent police stating that after receiving a huge amount from her, the petitioner had not executed a sale deed in her favour. He further submitted that the respondent police even after knowing the fact of the dispute among the parties is purely civil in https://hcservices.ecourts.gov.in/hcservices/

nature, registered a complaint against the petitioner and harassing the petitioner under the guise of enquiry. Hence, the petitioner has filed this present petition before this Court. 3.This Court earlier directed the respondent police to file a status report regarding the stage of the complaint given by one Jenni.

4.When the matter is taken up for hearing, today, the learned Additional Public Prosecutor, appearing for the respondent police filed a status report stating that the third respondent after receiving the complaint from one Jenni, issued summons to the parties for enquiry. During the enquiry, it is submitted that the matter was settled amicably before the village elders and hence, the complainant gave a statement that he is not interested to proceed with the complaint, hence requested to withdraw his complaint. Further, he stated that in future if the petitioner herein make any dispute, he will approach the concerned civil Court to seek his remedy and on the basis of the submission made by the parties, the complaint lodged by the petitioner was closed. 5.Recording the above said submissions, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Usilampatti Sub-Division, Maduria District.

3. The Inspector of Police, Chekkanoorani Police Station, Madurai District.

+ 1 CC TO Mr.R.ANAND, ADVOCATE IN SR No. 70134 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 69986 TA TE/SKN-RSK/SAR-4 : 06/07/2018 : 2P/6C W.P.(MD) No.13270 of 2018 26.06.2018 https://hcservices.ecourts.gov.in/hcservices/