Pandian T v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.08.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN T.Pandian ... Petitioner Vs.
1.The Superintendent of Police, Trichy District, Trichy.
2.The Deputy Superintendent of Police, Manapparai, Trichy District.
3.The Sub-Inspector of Police, Puthanatham Police Station, Puthanatham, Marungapuri Taluk, Trichy District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 not to interfere with the civil matter of possession and enjoyment of the petitioner's agricultural landed properties situated at Survey No.482/4 in an extent of 30 cents situated at Pappapatti Village, Muthalvarpatti, Marungapuri Taluk, Trichy District.
1/5
For Petitioner : Mr.R.R.Kannan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)
O R D E R
This Writ Petition is filed seeking for a direction to the respondents 1 to 3 not to interfere with the civil dispute existing between the petitioner and one Jothi.
2.It is submitted by the learned counsel for the petitioner that one Jothi stated to be the first wife of elder brother of the petitioner has filed O.S.No.10 of 2016 on the file of the I Additional District Judge, Tiruchirappalli, seeking partition of the schedule of properties and the said suit came to be dismissed on 2nd March 2020. Aggrieved by the same, the said Jothi and others have preferred an appeal suit in A.S.(MD).No.311 of 2021 and the same is still pending before this Court. However, the said Jothi stated to have filed a petition before the third respondent Police, who has gone to the extent of issuing a notice and summoning the petitioner and gave a direction to part with some property in favour of the said Jothi. The said third respondent stated to have drafted a copy of the proceedings in his own writing and got the 2/5
signature of the petitioner.
3. Today, the learned Government Advocate (criminal side) appearing for the official respondents after getting instructions from the Investigating Officer who are physically present in the Court submits that on a complaint given by the said Jothi, an enquiry was made and on considering the fact that there was a civil dispute between the parties, they were advised to approach the civil Court and both the parties have given undertaking that they will approach the Civil Court, accordingly, the representation of the said Jothi was closed.
4. Once the representation was closed, there is nothing that this Court can pass orders. Since it is reported that there is no application or a complaint pending against the petitioner, this Writ Petition is closed. However, the respondents are informed that they have no right to interfere in the civil dispute. There shall be no order as to costs. 03.08.2023 NCC :
Yes / No Index :
Yes / No 3/5
Internet :
Yes / No To 1.The Superintendent of Police, Trichy District, Trichy.
2.The Deputy Superintendent of Police, Manapparai, Trichy District.
3.The Sub-Inspector of Police, Puthanatham Police Station, Puthanatham, Marungapuri Taluk, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
DR.D.NAGARJUN,J ssb Dated:03.08.2023 5/5