Periyasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.9654 of 2024 Periyasamy ... Petitioner Vs

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

2. The Inspector of Police, Tenkasi Police Station, Tenkasi.

3. The Inspector of Police, Tenkasi Police Station, Tenkasi.

4. Isakki

5. Chandru ... Respondents 1/5

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the third respondent not to harass the petitioner by involving in a civil dispute between the petitioner and the fourth respondent relating to the pathway issue, property situated at SF.No.150, Puliyur Village, Tenkasi District.

For Petitioner : Mr.Kishorekumar.S For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed seeking a direction to the third respondent not to harass the petitioner by interfering with the civil dispute between the petitioner and the fourth respondent. 2.The learned Government Advocate (Crl.Side) appearing for the respondent police submits that based on the complaint of one Valliammal, C.S.R.No.607 of 2024 was assigned and the respondent police has conducted an enquiry. He further submits that the respondent police has not 2/5

harassed the petitioner and the petitioner has arrived at compromise with the said valliammal.

3.The learned Counsel appearing for the petitioner disputed the same and stated that the petitioner is not aware of the said Valliammal. However, the respondent police has coerced the petitioner to arrive at a settlement . 4.This Court considered the rival submissions made. 5.In the Police Standing order as well as the circular issued by the Director General of Police, Tamil Nadu, it is specifically stated that the police are not expected to interfere with the civil dispute. Even then, the respondent police has conducted Kangaroo Court in the civil dispute. 6.Therefore, this Court refers the matter to the Superintendent of Police, Tenkasi District to look into the issue and take appropriate action, if the respondent police has interfered with the civil dispute and coerced the petitioner. The respondent police is directed not to harass the petitioner. 3/5

7.With the above direction, this criminal original petition is disposed of.

02.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

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

2. The Inspector of Police, Tenkasi Police Station, Tenkasi.

3. The Inspector of Police, Tenkasi Police Station, Tenkasi.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

B.PUGALENDHI , J.

LR CRL.O.P (MD) No.9654 of 2024 02.07.2024 5/5