Madras High CourtWP(MD)/2124/2017closed

P.Subramanian v. The Superintendent Of Police,

2017-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.2124 of 2017 and WMP(MD) No.1762 of 2017 P.Subramanian ... Petitioner -vs1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, District Crime Branch, Trichy.

3.S.V.Subba Rao.P ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent not to interfere in civil dispute between the petitioner and the 3rd respondent in respect of land in S.No.174/3 admeasuring 2.87 acres situated at Periyapallipalayam Village, Thottiyam Taluk, Trichy District and pass such further or other orders as this Honble Court.

For Petitioner : Mr.M.Subash Babu For R1 & R2 : Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed to direct the 2nd respondent not to interfere in civil dispute between the petitioner and the 3rd respondent in respect of land in S.No.174/3 admeasuring 2.87 acres situated at Periyapallipalayam Village, Thottiyam Taluk, Trichy District.

2. Mr.Sekaran, Special Sub-Inspector of Police, DCB, Trichy is present. When the matter was taken up for hearing, on instructions, learned Additional Government Pleader appearing for the State submitted that on the complaint given by R3 against the https://hcservices.ecourts.gov.in/hcservices/

petitioner, petition enquiry is pending and that the Police, after conducting preliminary enquiry as per the law laid down by the Hon'ble Supreme Court in the case of Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC), will not harass the petitioner, if it is found that the dispute is essentially civil in nature.

3. Recording the said undertaking, this petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, District Crime Branch, Trichy.

+1 cc to Mr.M.Subash Babu , Advocate in SR.No. 17132 +1 cc to Special Government Pleader, SR.No:17060 er AE/KP/SAR4/13.04.2017/2P/5C W.P.(MD) No.2124 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/