Madras High CourtWP(MD)/18021/2017closed

Aldo Kemil, v. The Superintendent Of Police,

2019-06-26Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.18021 of 2017 Aldo Kemil : Petitioner

Versus

1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

3.Xavier Ammal : Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 not to interfere with the civil dispute based on the complaint of the third respondent regarding construction of house by the petitioner in Survey No.841, Kovalam Village, Agastheeswaram Taluk, Kanyakumari District, except under due process of law.

For Petitioner : Mr.S.Balamurugan For Respondents 1&2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor *****

O R D E R

This Writ Petition has been filed seeking a direction to the first and second respondents not to interfere with the civil dispute based on the complaint given by the third respondent regarding construction of house by the petitioner in Survey No.841, Kovalam Village, Agastheeswaram Taluk, Kanyakumari District, except under due process of law.

2. Today, when the Writ Petition was taken up for hearing, it is brought to the notice of this Court that the third respondent herein has already filed a civil suit before the Court concerned. Since it is a civil dispute, the respondents police are not interfering in the dispute.

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3. Considering the above circumstances, the Writ Petition is

closed. However, the petitioner is at liberty to work out his remedy before the appropriate forum in the manner known to law and the first and second respondents are directed not to interfere in the civil dispute. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakumari District.

+1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-71677[F] dated 27/06/2019 ) W.P.(MD)No.18021 of 2017 26.06.2019 SML KK/SAR/09.07.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/