Madras High CourtWP(MD)/12965/2017dismissed

A.Kumar, v. The Superintendent Of Police

2019-06-25Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.12965 of 2017 A.Kumar ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy.

3.T.Ravindran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the second respondent from interfering in a civil land dispute between the petitioner and the third respondent herein and further not to compel the petitioner to pay Rs.60,00,000/- to the third respondent.

For Petitioner : Mr.N.Mohideen Basha For R1 & R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R3 : Mr.R.Sundar Srinivasan

O R D E R

This Writ Petition has been filed seeking a direction to the second respondent not to interfere with the civil dispute between the parties.

2. The grievance of the petitioner is that there is a civil dispute between the petitioner and the third respondent and the suit filed by the third respondent is also pending before the civil Court. Now, the second respondent is interfering with the civil dispute and compelling the petitioner to pay a sum of Rs.60,00,000/- to the third respondent.

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3. The learned Additional Public Prosecutor on instructions would submit that the suit filed by the third respondent is pending before the competent civil Court and pending suit, the petitioner gave a complaint as if the third respondent is interfering with the civil right. Based on the complaint given by the petitioner, enquiry has been conducted by the second respondent and after enquiry, the complaint has been closed on the ground that the civil suit is pending before the civil Court and the parties are directed to settle the dispute before the civil forum.

4. Considering the fact that already a civil suit is pending before the civil Court and the petitioner's complaint has been enquired into and closed by the second respondent police, the relief sought for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy.

+1 CC to Mr.N.MOHIDEEN BASHA, Advocate SR-71704. +1 CC to Mr.R.SUNDAR SRINIVASAN, Advocate SR-71525. Order made in W.P.(MD)No.12965 of 2017 Dated: 25.06.2019 CS(23.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/