Balaji v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Balaji ... Petitioner Vs.

1. The Commissioner of Police, Near Thamari Thotti, K.Pudur, Madurai.

2. The Inspector of Police, Tirunagar Police Station, Madurai.

3. Balasubramanian ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 2nd respondent not to interfere in the civil dispute between the petitioner and the 3rd respondent to direct the 2nd respondent to take action against the 3rd respondent by the petitioner's complaint on 08.10.2024. For Petitioner : Mr. R.Ramasamy For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) Page No. 1 of 4

O R D E R

This writ petition has been filed by the petitioner to direct the 2nd respondent not to interfere in the civil dispute between the petitioner and the 3rd respondent and to take action against the 3rd respondent by considering the petitioner's complaint on 08.10.2024.

2. The learned counsel appearing for the petitioner would submit that there is a money dispute between the petitioner and the 3rd respondent in respect of mortgage and now the petitioner want to construct compound wall. While so, the 3rd respondent, who is the mortgagee lodged a complaint as against the petitioner not to put up construction and based on the same, the 2nd respondent has also caused obstruction to the petitioner from construction. Therefore, the petitioner sent a complaint dated 08.10.2024, but no action was taken. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that based on the complaint lodged by the petitioner, they conducted enquiry and the same was closed and the petitioner's father also appeared for enquiry and refused to sign in the statement. However, they closed the enquiry and they have not Page No. 2 of 4

harassed the petitioner as alleged in the petition and not insisted the petitioner not to construct in the property.

4. Considering prayer sought for in the petitioner, this Court without issue notice to the 3rd respondent, recording the above said submission of the learned Government Advocate that the 2nd respondent has not harassed the petitioner and already the petition enquiry was closed, this writ petition is closed.

24.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To

1. The Commissioner of Police, Near Thamari Thotti K.Pudur, Madurai.

2. The Inspector of Police, Tirunagar Police Station, Madurai.

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

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P.DHANABAL, J.

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