Madras High CourtWP(MD)/14176/2024dismissed

Kumaresan v. The State

2024-07-01Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Kumaresan ... Petitioner versus

1. The State rep. by its The Superintendent of Police,

2. The State rep. by its The Deputy Superintendent of Police, Thirumangalam Division,

3. The State rep. by The Inspector of Police, Thiruparamkundram Police Station,

4. The State rep. by The Inspector of Police, Aastinpatti Police Station,

5. George Samual

6. Shalini Androos

7. Rathnamala 1/4

8. Sahayaraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 not to interfere in civil dispute between the petitioner and the respondents 5 to 8 involved in the subject matter of the suit in O.S.No.11 of 2024 on the file of the vacation Court, Madurai and consequently direct to take necessary action against the respondents 5 to 8 by considering the petitioner's representation dated 20.06.2024. For Petitioner : Mr.R.Mathava Selvam For R1 to R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioner has filed this writ petition for a Mandamus, directing the respondents 1 to 4 to take necessary action as against the respondents 5 to 8 based on his complaint dated 20.06.2024.

2. The learned counsel appearing for the petitioner submits that the petitioner is in occupation of a property for 15 years. But, the respondents 5 to 8 are creating problem and attempting to occupy his property. Therefore, he lodged a complaint before the respondent Police to take necessary action as against the private respondents. Since the said complaint has not been acted upon by the respondent Police, the petitioner has filed this writ 2/4

petition. He further submits that the petitioner has also filed a suit in O.S.No.11 of 2024 for injunction and the same is pending.

3. The learned Additional Public Prosecutor submits that the petitioner's complaint was treated as petition enquiry and it was also closed as civil in nature.

4. Since the petitioner has already filed a civil suit in O.S.No.11 of 2024, he shall work out his remedy in O.S.No.11 of 2024 before the concerned Court.

5. Accordingly, this writ petition is closed. 01.07.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

1. The Superintendent of Police, 3/4

B.PUGALENDHI, J.

ogy

2. The Deputy Superintendent of Police, Thirumangalam Division,

3. The Inspector of Police, Thiruparamkundram Police Station,

4. The Inspector of Police, Aastinpatti Police Station, 01.07.2024 4/4