Madras High CourtWP(MD)/21073/2018disposed of

Irulappan, v. The Superintendent Of Police

2018-10-09Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.21073 of 2018 and W.P.(MD)No.18866 of 2018 Irulappan ... Petitioner Vs.

1.The Superintendant of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendant of Police, Srivilliputtur, 3.The Inspector of Police, Watrap Police Station, 4.The Sub-Inspector of Police, Koomapatti Police Station, 5.Rathinapriya ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the third and fourth respondents herein not to interfere in the civil / property dispute in respect of the property situated in Survey Numbers 681/1A, 681/1B, 682/2, Kansapuram Village, Watrap Sub-Division, Srivilliputtur Taluk, Virudhunagar District.

For Petitioner : Mr.M.Jothibasu For R1 to R4 : Mr.B.Bhagawathi Government Advocate

ORDER

This Writ Petition has been filed to restrain the respondent police from interfering with the civil dispute between the parties.

2.It is seen from the records that there is a civil dispute

pending between the parties in O.S.No.356 of 2016 on the file of the Sub-Court, Srivilliputtur. In the meantime, the petitioner complains that the respondent police is interfering with the dispute and therefore, the present writ petition has been filed. 3.The learned Government Advocate appearing for the official respondents would submit that both the parties were called for enquiry by the respondent police and both the parties have given in writing that they will resolve their dispute before the competent civil Court. Recording the same, the complaint has been closed by the respondent police. He further submits that in view of the specific stand taken by the parties, the respondent police will not interfere with the civil dispute pending between that parties.

4.In view of the above, there shall be a specific direction to the third and fourth respondents not to interfere with the dispute pending between the petitioner and the fifth respondent and the parties shall resolve their dispute in the pending suit in O.S.No.356 of 2016.

5.With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Superintendant of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendant of Police, Srivilliputtur, 3.The Inspector of Police, Watrap Police Station,

4.The Sub-Inspector of Police, Koomapatti Police Station, +1 CC To MR.M.JOTHI BASU, Advocate SR. NO. 89679 +1 CC TO The Special Government Pleader SR.NO. 89693 W.P.(MD)No.21073 of 2018 09.10.2018 TA TR/RP/SAR-I(30.10.2018)3P 7C