Madras High CourtCRL OP(MD)/8973/2021disposed of

Shanmugasundaram v. The Superintendent Of Police

2021-07-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8973 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8973 of 2021 Shanmugasundaram ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ambasamuthiram Circle, Tirunelveli District.

3.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

4.K.P.Esakki Muthu ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second and third respondents herein from in any manner interfering with the civil dispute except in accordance with law and on the basis of the petitioner's representation dated 03.07.2021.

For Petitioner : Mr.S.Sathiya Chithambaram For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the second and third respondents herein from in any manner interfering with the civil dispute except in accordance with law and on the basis of the petitioner's representation dated 03.07.2021. 2.The case of the petitioner is that the petitioner is a tenant in Shop bearing No.51/88 attached to Karpaga Vinayagar Temple, Kallidaikurichi, Tirunelveli District. The fourth respondent being the President of the Temple had no right over the property and he was disturbing. Thereafter, the fourth respondent has filed O.S.No.204 of 2011 and the same is decreed. After that, the petitioner is paying rent to him. Now the fourth respondent is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8973 of 2021 pressurizing to vacate the shop. Hence, the petitioner has given a representation.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submits that based upon a complaint given by the fourth respondent, an enquiry has been conducted in CSRNo.203 of 2021 and on the fact that there is a civil dispute between the parties, the enquiry has been closed on the same day itself.

4. Recording the submission of the learned Additional Public Prosecutor, nothing survives for adjudication in this petition and the same is disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Office of the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ambasamuthiram Circle, Tirunelveli District.

3.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.8973 of 2021 08.07.2021 SE(CO) KB(14.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2