Madras High CourtWP(MD)/570/2017closed

R.Senthilkumar v. The Superintendent Of

2017-03-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.570 of 2017 and W.M.P.(MD) No.453 of 2017 R.Senthilkumar ... Petitioner -vs1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3.The Inspector of Police, Thirupathur Town Police Station, Sivagangai District.

4.The Inspector of Police, Tirukostiyur Police Station, Sivagangai District.

5.K.K.Vellaiyan Chettiar 6.K.S.Narayanan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the 1st respondent to take action against the respondents 2 to 4 for conducting Kattapanchayat and consequently direct the respondents not to interfere in the civil dispute except under due process of law, based on the petitioner's representation dated 30.12.2016.

For Petitioner : Mr.M.Subash Babu For Respondents : Mr.T.S.Mohammed Mohideen 1 to 4 Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to take action against the respondents 2 to 4 for conducting Kattapanchayat and consequently direct the respondents not to interfere in the civil dispute except under due process of law, based on the petitioner's representation dated 30.12.2016. https://hcservices.ecourts.gov.in/hcservices/

2.There is a dispute between the petitioner's father-in-law Dinakaran and the 5th respondent with regard to the sale of certain property. While so, it is alleged by the petitioner that after his return from London, he is being harassed by the Police to settle the issue amicably by paying some amount to respondents 5 and 6. 3.Heard M.Subash Babu, learned counsel appearing for the petitioner and Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader appearing for the respondents 1 to 4. 4.Learned Additional Government Pleader on instruction submitted that the petitioner gave a complaint dated 30.12.2016, against the police officials, based on which the petitioner was called for enquiry and not for settling the alleged dispute between the petitioner's father-in-law and 5th respondent. He further submitted that the Police will not interfere with the civil dispute and only if a cognizable offence is made out, they will take up the investigation.

5.Recording the said submissions made by the learned Additional Government Pleader, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3.The Inspector of Police, Thirupathur Town Police Station, Sivagangai District.

4.The Inspector of Police, Tirukostiyur Police Station, Sivagangai District.

+1 cc to Mr.M.Subash Babu, Advocate, SR.No.13499 +1 cc to Special Government Pleader, SR.No.13455 W.P.(MD) No.570 of 2017 and W.M.P.(MD) No.453 of 2017 08.03.2017 https://hcservices.ecourts.gov.in/hcservices/ sj MS-BS/15.3.2017/2P-7C