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Madras High CourtCRL OP(MD)/16820/2018disposed of

R. Rajendran v. The Superintendent Of Police

2018-09-19Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16820 of 2018 R.Rajendran ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, 2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

4.S.Mani 5.R.Vinothkumar 6.Thangapandian

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 to 3 to not to harass the petitioner and not to interfere in the civil dispute regarding the property situated at Shop No.5 at Sri Kaliamman Kovil Koolaiyapuram, Thirumangalam Town, Madurai District pending in O.S.No.257 of 2017 on the file of the learned District Munsif, Thirumangalam.

For Petitioner : Mr.S.Pakalavan For R1 to R3 : Ms.K.Suyambulinga Bharathi, G.A.(Crl.side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 to 3 to not to harass the petitioner and not to interfere with the civil dispute regarding the property situated at Shop No.5 at Sri Kaliamman Kovil Koolaiyapuram, Thirumangalam Town, Madurai District, pending in O.S.No.257 of 2017 on the file of the learned District Munsif,

Thirumangalam.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.side) for the respondent Police.

3. There is a dispute between the petitioner and the respondents 4 to 6 with regard to vacating the property. The petitioner claims to be a tenant in the property. 4.The learned counsel for the petitioner submits that the respondents 4 to 6 instead of taking action against the petitioner before the Civil Court to vacate him from the premises, have resorted to a police complaint and the second respondent is pressurising the petitioner to vacate the property. 5.The entire dispute in this case is civil in nature and if at all the respondents 4 to 6 are entitled to take possession of the property from the petitioner, the same can be done only in accordance with law before the appropriate forum. The second respondent will have no say in cases of this nature. 6.This Criminal Original Petition is disposed of with a direction to the second respondent not to interfere with the dispute between the petitioner and the respondents 4 to 6 and relegate them before the appropriate Court in order to work out their remedy.

Sd/- Assistant Registrar (T & p) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Madurai District, 2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC To MR.S.PAKALAVAN, Advocate SR. NO. 85043 Crl.O.P.(MD)No.16820 of 2018 RMK TR/RP/SAR-III(19.09.2018)3P 6C