Madras High CourtWP(MD)/12990/2016disposed of

Johnson, (55 Yrs) v. The Superintendent Of Police

2016-07-25Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.12990 of 2016 Johnson ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

3.Charles, the Inspector of Police, Ervadi Police Station, Ervadi, Tirunelveli District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent and his officials not to interfere in the civil dispute in Survey No.70/1B1 measuring 0.77.5 hectare, 45/2B2 measuring 0.12.0 hectare and 45/2B3 measuring 0.05.0 hectare situated at Puliyurkurichi Village, Thirukurugudi, Tirunelveli, in accordance with law.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader.

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the third respondent and his officials not to interfere in the civil dispute.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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4.The learned counsel appearing for the petitioner would submit that the petitioner has been insisted to hand over the possession of his property to the defendants in O.S.No.127 of 2014 by the third respondent Police and therefore, he has come up with this petition.

5.The learned Additional Government Pleader would submit that based on the complaint registered in Crime No.115 of 2016 under Sections 294(b), 307 and 506(ii) IPC against the petitioner herein, the petitioner has been called only for enquiry and not to decide the civil rights of the parties in the Police Station. He would further submit that the third respondent did not cause any harassment to the petitioner.

6.Recording the above submission of the learned Additional Government Pleader, this Writ Petition is closed. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar gcg To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Tirunelveli, Tirunelveli District.

+1CC to Mr.R.Maheswaran, Advocate Sr.No.39554 +1CC to Spl.Government Pleader Sr.No.38126 GJM/PEK/4.8.16-2P-5C ORDER MADE IN W.P(MD)No.12990 of 2016 25.07.2016 https://hcservices.ecourts.gov.in/hcservices/