S. Michael Pandian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN and WMP(MD)No.8939 of 2020 S.Michael Pandian ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi, 2.The Deputy Superintendent of Police, Kovilpatti, 3.The Inspector of Police, Kayathar Police Station, 4.G.Muthu Inspector of Police, Kayathar Police Station 5.Maryammal 6.Thangathai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, restraining the respondents 3 and 4 from interfering with the civil dispute between the petitioner and the 5th and 6th respondents. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.S.Chandrasekar (R1 To R3) Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, restraining the respondents 3 and 4 from interfering with the civil dispute pending between the petitioner and the respondents 5 and 6.

2. Today when the Writ Petition is came up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1

to 3, on instructions, would submit that the petitioner and the respondents 5 and 6 are having the civil dispute in respect to the properties comprised in S.No.50/1A, 51/1A1, 51/1A2, 51/1B1, 51/1B2, 51/1C and 8/6A7, pertaining to Patta No.2245, measuring an extent of 1.39 Hectare. In this regard, an appeal has been pending in A.S.No.21 of 2014, on the file of the Sub Court, Kovilpatti.

3. The learned Additional Public Prosecutor would further submit that in earlier, during the time of enquiry, the 3rd respondent Police found that the dispute between the petitioner and the respondents 5 and 6 herein are civil in nature and therefore, he advised the petitioner and the respondents 5 and 6 to follow the result of the appeal pending in A.S.No.21 of 2014, on the file of the Sub Court, Kovilpatti. Accordingly, the representation given by the petitioner, dated 03.08.2020 has been closed and as of now, no petition enquiry is pending on the file of the respondent police in respect to the dispute having by the petitioner with the respondents 5 and 6. The submission made by the learned Additional Public Prosecutor is recorded.

4. Considering the submission made by the learned Additional Public Prosecutor that as of now, no petition enquiry is pending on the file of the respondent police, no further order is necessary in this matter.

5. In fine, this Writ Petition is closed. Consequently, the connected miscellaneous petition is also closed. No costs. Sd/- Deputy Registrar (Accounts) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Thoothukudi, 2.The Deputy Superintendent of Police, Kovilpatti,

3.The Inspector of Police, Kayathar Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

25.08.2020 VB (07.09.2020) 3P 5C