Madras High CourtWP(MD)/15487/2021disposed of

Mohamed Rafi v. The Commissioner Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mohamed Rafi ... Petitioner Vs 1.The Commissioner of Police, Madurai City, 2.The Deputy Commissioner of Police, Madurai City, 3.The Assistant Commissioner of Police, Tallakulam Circle, Madurai City.

4.The Inspector of Police, Anti-Land Grabbing Special Cell, Madurai City.

5.A.Karuppiah ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, forbearing the fourth respondent from interfering with the civil dispute pending between the petitioner and the fifth respondent under the guise of enquiry. For Petitioner: Mr.K.Sathish Kumar For RR 1 to 4 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the fourth respondent from interfering with the civil dispute pending between the petitioner and the fifth respondent under the guise of enquiry.

2.According to the petitioner, he is doing real estate business and he borrowed a sum of Rs.55,00,000/- from the fifth respondent. Due to which, there was a dispute pending between them. While being so, the fifth respondent lodged a complaint on the civil dispute and 1/3

on receipt of the same, the fourth respondent threatened the petitioner with dire consequences and also interfered with the civil dispute pending between the petitioner and the fifth respondent. 3.The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 4 would submit that on receipt of the complaint from the fifth respondent, the same has been transferred to the file of CCB, Madurai for enquiry. However, the fourth respondent has no business to interfere with the civil dispute pending between the petitioner and the fifth respondent herein except any crime committed by the petitioner.

4.In view of the above, the fourth respondent is directed not to interfere with the civil dispute pending between the petitioner and the fifth respondent except any crime committed by the petitioner.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Commissioner of Police, Madurai City, 2.The Deputy Commissioner of Police, Madurai City, 2/3

3.The Assistant Commissioner of Police, Tallakulam Circle, Madurai City.

4.The Inspector of Police, Anti-Land Grabbing Special Cell, Madurai City.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-13265[F] dated 21/03/2022 ) Order made in 18.03.2022 srr(CO) TR(28.03.2022) 3P 7C 3/3