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Madras High CourtWP Crl.(MD)/1737/2026disposed of

K.V.K. Kannan v. The Commissioner Of Police

2026-04-08Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD).No.1737 of 2026 K.V.K.Kannan .... Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Race Course Road, Madurai-625 007.

2.The Inspector of Police, (Crime) E1, K.Pudur Police Station, K.Pudur, Madurai District.

....Respondents Prayer : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to take appropriate action in the petitioner's complaint dated 28.11.2025 and 21.01.2026 within a time frame fixed by this Court.

For Petitioner : Mr.G.Muthukannan For Respondents : Mr.M.Sakthikumar, Government Advocate (Crl.Side) 1/6

ORDER

Seeking to direct the respondents to take appropriate action on the petitioner's complaint dated 28.11.2025, and 21.01.2026, this writ petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner had sold his old Toyota Innova car bearing registration No. TN 45 CD 4720 Grey M.M colour 2012 model, to one Gunasekaran for a valuable consideration of Rs.9,50,000/- (Rupees Nine Lakhs and Fifty Thousand only). The said Gunasekaran had paid an advance amount of Rs.2,05,000/- (Rupees Two Lakhs and Five Thousand only) by cash on 24.06.2025 and promised to pay the remaining amount of Rs.7,45,000/- (Rupees Seven Lakhs and Forty Thousand only) in one month, and an agreement in this regard was executed between the parties, and one Sureshkumar stood as witness for the same. Believing his words, the petitioner had handed over the possession of the Innova car along with the original RC book to the said Gunasekaran. When the petitioner asked for the balance amount, neither the balance amount was paid nor the possession of the car and the RC book were returned to the petitioner. Hence, the 2/6

petitioner lodged a complaint before the respondent police, but the same was not attended to. Hence, this writ petition is filed.

3. The learned Government Advocate submitted that the nature of the dispute involved is with respect to the breach of agreement entered into between the respective parties. Hence, the police cannot meddle in such matters and sought for dismissal of the writ petition.

4. However, the learned counsel for the petitioner insisted that the petitioner is ready to pay the advance amount for whatever has been received, and the said Gunasekaran may be directed to hand over the car to the petitioner.

5. Pursuant to which the second respondent police was directed to produce Gunasekaran before this Court, and the said Gunasekaran appeared before this Court today and submitted that along with the advance amount of Rs.2,05,000/-, he had handed over the possession of 3 cars, namely one Hyundai Verna, one Swift Desire, and one Hyundai i20, for the purpose of security for the 3/6

remaining amount of Rs.7,45,000/- (Rupees Seven Lakhs and Forty Five Thousand only), and the petitioner still holds the possession of the same.

6. Heard the learned counsel on either sides and carefully perused the materials available on record.

7. This Court is of the considered view that the petitioner has not approached this Court with clean hands, having suppressed the factum of having the possession of 3 cars belonging to the said Gunasekaran, this writ petition has been filed. In view of the same, I don't find any demerit in the respondent police closing the petitioner's complaint.

8. Giving liberty to the petitioner to approach the appropriate civil court, this writ petition is disposed of.

9. The petitioner is directed to pay cost of Rs.25,000/- (Rupees Twenty Five Thousand only) to Tamil Nadu Police Benevolent savings Account No. 10232923204, IFSC code No.SBIN0000249, forthwith. 4/6

10. Post the matter on 28.04.2026, for reporting compliance. 08.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml Note: Issue order copy on 15.04.2026.

To 1.The Commissioner of Police, O/o. The Commissioner of Police, Race Course Road, Madurai-625 007.

2.The Inspector of Police, (Crime) E1, K.Pudur Police Station, K.Pudur, Madurai District.

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

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L.VICTORIA GOWRI, J.

Sml W.P.Crl.(MD)No.1737 of 2026 08.04.2026 6/6