Madras High CourtWP(MD)/19197/2017closed

Rajagopal Nadar v. The Deputy Inspector Of

2019-06-28Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.19197 of 2017 Rajagopal Nadar : Petitioner

Versus

1.The Deputy Inspector General of Police, Tirunelveli Range, 2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Deputy Superintendent of Police, Valliyoor, 4.The Inspector of Police, Koodangulam Police Station, Koodangulam, 5.T.Murugesan [R-5 impleaded as per the order of this Court dated 26.06.2019 in W.M.P.(MD)No.17444 of 2017] : Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the fourth respondent from interfering in the civil dispute pending between the petitioner and the above said Murugesan in respect of Survey No.94/1E, Chettikulam Village, Radhapuram Taluk, Tirunelveli District, vide the petitioner's representation dated 03.10.2017.

For Petitioner : Mr.C.Mayil Vahana Rajendran, For Mr.P.Banu Prasath For Respondents 1to4 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Respondent No.5 : Mr.H.Arumugam *****

O R D E R

This Writ Petition has been filed to forbear the fourth respondent from interfering with the civil dispute between the petitioner and the fifth respondent.

2. The grievance of the petitioner is that there is a civil dispute between the petitioner and the fifth respondent and the civil suit has also been filed, which was dismissed for default, and subsequently, the petitioner filed a petition to restore the suit, which is pending. Pending the above civil proceedings, now, with the help of the fourth respondent, the fifth respondent is trying to form a road. In the above circumstances, the present Writ Petition has been filed.

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 4, on instructions, submitted that based on the complaint given by the petitioner only, the fourth respondent conducted enquiry and after enquiry, the complaint has been closed as there is a civil dispute and the fourth respondent is not interfering with the civil rights.

4. Recording the aforesaid statement made by the learned Additional Public Prosecutor appearing for the respondents 1 to 4, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar(AE) // True Copy // Sub Assistant Registrar(CS ) To 1.The Deputy Inspector General of Police, Tirunelveli Range, 2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

4.The Inspector of Police, Koodangulam Police Station, Koodangulam, +1 CC to M/s.H.ARUMUGAM, Advocate in SR-72527 Order made in W.P.(MD)No.19197 of 2017 sml PK/10.07.2019 : 3P/6C Dated: 28.06.2019