Madras High CourtWP(MD)/13652/2021disposed of

Makthoom Nazar.A v. The Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.13652 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No.13652 of 2021 A.Makthoom Nazar .. 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, Tirunelveli District.

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

4.Arichandran .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 and 3 not to interfere into the civil dispute between the petitioner and the 4th respondent by considering the petitioner's representation dated 28.07.2021.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Writ Petition is filed seeking a direction to the respondents 2 and 3 not to interfere into the civil dispute between the petitioner and the 4th respondent, by considering the petitioner's representation dated 28.07.2021. 2.The learned counsel appearing for the petitioner submitted that in respect of the property dispute, a suit in O.S.No.23 of 2021 on the file of the learned Principal District Munsif, Ambasamuthiram is pending between the petitioner and his brother. During the pendency of the suit, the 4th respondent appears to have entered into a sale deed with the petitioner's brother and on that basis, a complaint has been given to the respondents 2 and 3, but there was no action. Hence, this petition.

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W.P.(MD)No.13652 of 2021 3.The learned Additional Public Prosecutor (Crl.Side) appearing for the respondents 1 to 3 submitted that based upon the complaint given by the 4th respondent, an enquiry was undertaken in CSR.No.244 of 2021, wherein, the parties were advised to approach the civil Court, wherein, the suit in O.S.No.23 of 2021 is pending, to workout their remedy and it came to be closed on 05.07.2021. Since the enquiry was undertaken on the basis of the representation, nothing survives for further consideration in this petition. 4.Accordingly, this Writ Petition is disposed of. Let the copy of the enquiry report be served upon the petitioner by the learned Additional Public Prosecutor (Crl.Side). No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Tirunelveli District.

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

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

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