Subbaiah Doss v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12878 of 2023 Subbaiah Doss ... Petitioner Vs.

1.The Superintendent of Police, Thenkasi District, Thenkasi.

2.The Inspector of Police, Thenkasi Police Station, Thenkasi District.

3.The Sub-Inspector of Police, Thenkasi Police Station, Thenkasi District.

4.Sivasundaravadivu .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second and third respondents not to interfere in respect of the properties in Survey No.700/8A1A, 26th Ward, Keelpalayam Street, Thenkasi Kaspa, Thenkasi District, which is subject matter of civil dispute in SR.No.31/50, which is pending on the file of the Principal District Munsif Court, Thenkasi. For Petitioner : Ms.R.Jeya Revathy For R1 to R3 : Mr.SS.Madhavan Government Advocate (Crl.Side) 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to respondent Nos.2 and 3 Police not to harass the petitioner on a complaint allegedly given by respondent No.4.

2. It is submitted by learned counsel for the petitioner that there are disputes between the petitioner and the fourth respondent in respect of the properties in Survey No.700/8A1A, 26th Ward, situated at Keelpalayam Street, Thenkasi Kaspa, Thenkasi District and in spite of that, the petitioner stated to have filed a suit in O.S.No.163 of 2023 on the file of learned Principal District Munsif, Tenkasi, seeking for the relief of declaration in respect of a compound wall.

3. Learned Government Advocate (Criminal Side) on the other hand submits that on the basis of a representation given by the fourth respondent, an enquiry was conducted and subsequently, the petitioner also came to the police station and gave an undertaking that they will approach the appropriate Civil Court in order to resolve the dispute between the petitioner and respondent No.4. By recording the same, the respondent Police stated to have closed the representation given by the fourth respondent.

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4. Since the respondent Police stated to have been closed the representation given by the fourth respondent, no further orders are required to be passed in this petition. Therefore, the Criminal Original Petition stands dismissed. In the meanwhile, the respondent Police are directed not to interfere in the civil dispute between the parties. 18.07.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No tsg To 1.The Superintendent of Police, Thenkasi District, Thenkasi.

2.The Inspector of Police, Thenkasi Police Station, Thenkasi District.

3.The Sub-Inspector of Police, Thenkasi Police Station, Thenkasi District.

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

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DR.D.NAGARJUN. J.

tsg 18.07.2023 4/4