Madras High CourtWP(MD)/17693/2021dismissed as infructuous

Vembu Konar K v. The Commissioner Of Police

2021-09-29Honourable Mr Justice G.Ilangovan2 pages

W.P(MD)No.17693 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN W.P.(MD) No.17693 of 2021 K.Vembu Konar ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, Melappalayam Police Station, Tirunelveli City.

3.Sankar 4.Thangam @ Mari Thangam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other Writ or order or direction in the nature of writ forbearing the 2 to 4 respondents from interfering in civil dispute which is relating to the petitioner's house and land in D.No.28 admeasuring 2.75 cents situated at Keelaveerarahavapuram Village, Melappalayam, Tirunelveli City and consequently direct the 1st respondent to take action against the 4th respondent based on petitioner's representation dated 24.08.2021.

For Petitioner : Mr.T.Selvan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This Writ Petition is filed seeking direction to the respondents 2 to 4 not to interfere in the civil dispute which is pending adjudication before the civil Court in O.S.No.224 of 2021 on the file of the Principal Sub Court, Tirunelveli.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor for the respondents 1 and 2 would submit that based upon the representation given by the petitioner, enquiry was undertaken in C.S.R.No.484 of 2021 and finding that it is purely a civil dispute, the same was closed.

3. Since the enquiry has been closed, nothing survives for consideration for direction. But, however, the learned counsel for https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17693 of 2021 the petitioner would submit that a direction may be issued to the first respondent herein to take action against the fourth respondent with regard to the filthy language that has been used by him, during the course of enquiry. But, such direction cannot be issued in the matter. He can file complaint to the first respondent in this aspect.

4. Since the enquiry is closed, nothing survives for adjudication and for further direction. Hence, this Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls To 1.The Principal Sub Judge,Tirunelveli.

2.The Commissioner of Police,Tirunelveli City. 3.The Inspector of Police, Melappalayam Police Station, Tirunelveli City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD) No.17693 of 2021 29.09.2021 MGJ(21.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2