Madras High CourtWP(MD)/14393/2021dismissed as infructuous

Johnson Thomas v. The Inspector General Of Police

2021-08-13Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD) No.11325 of 2021 Johnson Thomas .. Petitioner Vs 1.The Inspector General of Police, (South Zone), 2.The Commissioner of Police, 3.The Deputy Commissioner of Police, (Law and Order), Office of the Commissioner of Police, Race Course, Madurai - 625 007.

4.The Inspector of Police, (Law and Order), Koodal Pudur Police Station, 5.M.Grazy Hephzibah 6.S.Manual Jayaraj 7.M.Davidson Jebaraj 8.A.Mariyappan .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from interfering in the civil dispute between the petitioner and the respondents 5 to 8 pertaining to the subject property in UDR Survey No.116/2, Old Resurvey No.292/2, measuring 1 Acre 16 Cents, Vilankudi Second Bit Village, Madurai North Taluk, Madurai District.

For Petitioner : Mr.J.Barathan For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/3

ORDER

This petition is filed seeking a direction to the official respondents not to interfere in the civil dispute between the petitioner and the respondents 5 to 8 pertaining to S.No.116/2, measuring an extent of 1 acre 16 cents, situated at Vilankudi Second Bit Village, Madurai North Taluk, Madurai District. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 to 4 submitted that the 6th respondent herein gave a complaint against this petitioner, which was registered in CSR.No.379 of 2021 and during the course of enquiry, it was found that it is a civil dispute between the parties and they were also advised to survey the land by Surveyor. On that basis, the complaint came to be closed on 03.07.2021.

After closure of the aforesaid enquiry, another complaint has been given by the 6th respondent herein, which was also registered in C.No.1409/PG/DC/L&O/MC/2021 and the same has been closed today morning, ie., on 13.08.2021. 3.Since the complaint has been closed, there is no interference on the part of the official respondents herein in the civil dispute that is existing between the petitioner and the private respondents herein. Since the complaint has been closed, nothing survives for further consideration or direction in this petition.

4.Accordingly, this petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Inspector General of Police, (South Zone), 2.The Commissioner of Police, 2/3

3.The Deputy Commissioner of Police, (Law and Order), Office of the Commissioner of Police, Race Course, Madurai - 625 007.

4.The Inspector of Police, (Law and Order), Koodal Pudur Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.T.R.JEYABALAM, Advocate ( SR-26337[F] dated 16/08/2021 ) 13.08.2021 RD(24.08.2021) 3P 7C 3/3