Santhanadurai.P v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.08.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN and W.M.P(MD).No.15429 of 2023 P.Santhanadurai ... Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch, Dindigul District.

3.N.Nandakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from interfering with the rights of the parties pertaining to the civil dispute between the petitioner and the third respondent. For Petitioner : Mr.P.R.Prithivaj For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R1 and R2 Mr.P.M.Vishnuvarthanan for R3 1/5

O R D E R

This Writ Petition is filed seeking for a direction to the second respondent Police not to interfere with the civil dispute existing between the petitioner and the third respondent.

2. It is submitted by the learned counsel appearing for the petitioner that the third respondent is the power agent of the petitioner's wife who has executed four agreements of sale in respect of the property belonging to his wife. When the petitioner's wife wanted to honour the agreements, the third respondent is not inclined and thereby, the dispute arose. It is submitted that on a complaint given by the third respondent, the Police are interfering with the civil dispute existing between the petitioner and the third respondent.

3. Mr.P.M.Vishnuvarathan, learned counsel intervened on behalf of the third respondent and submitted his side of views. 2/5

4. The learned Government Advocate (criminal side) appearing for the official respondents, on the other hand, submits that the representation given by the third respondent is registered as current paper and the enquiry is being initiated and after completion of enquiry, the Police will complete the investigation within a period of two weeks from the date of receipt of a copy of this order. It is needless to say that in case the dispute between the petitioner and the third respondent is civil in nature, the Police shall not interfere and shall advise them to approach the civil Court.

5. With these observations, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 02.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb 3/5

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

2.The Inspector of Police, District Crime Branch, Dindigul District.

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

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DR.D.NAGARJUN,J ssb Dated:02.08.2023 5/5