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Madras High CourtWP(MD)/8764/2018closed

Kathaiah, S/O.Aathi Konar, v. The Director General Of Police

2019-08-22Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.8764 of 2018 and W.M.P.(MD)No.8196 of 2018 Kathaiah : Petitioner

Versus

1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 005.

2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

4.The Inspector of Police, Nagudi Police Station, Pudukkottai District.

5.The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.

6.Balamurugan, Inspector of Police, Nagudi Police Station, Pudukkottai District.

7.Reshma, Sub-Inspector of Police, Nagudi Police Station, Pudukkottai District.

8.Nallaiah Konar 9.Mathialagan : Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 4 and 5 from threatening the petitioner and his family members to vacate the land in S.No.97/13A measuring 0.01.00 Hectare and S.No.97/13B measuring 0.13.00 Hectare

of Mangalanadu North Village, Aranthangi Taluk, Pudukkottai District.

For Petitioner : Mr.R.Subramanian For Respondents 1to5 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking to forbear the respondents 4 and 5 from threatening the petitioner and his family members to vacate the land in S.No.97/13A measuring 0.01.00 Hectare and S.No.97/13B measuring 0.13.00 Hectare of Mangalanadu North Village, Aranthangi Taluk, Pudukkottai District.

2. According to the petitioner, there is a civil dispute between the petitioner and the respondents 8 and 9. Based on the complaint given by the respondents 8 and 9, the respondents 6 and 7 are interfering in the civil right and also threatened the petitioner to vacate the premises. Hence, the present Writ Petition has been filed.

3. Today, the learned Additional Public Prosecutor appearing for the respondents 1 to 5, on instructions, submitted that based on the complaint given by the respondents 8 and 9, enquiry has been conducted, and the enquiry reveals that, it is a civil dispute, hence, the complaint has been closed, directing the parties to approach the Civil Court concerned. That apart, the respondents 6 and 7 were also transferred from the Nagudi Police Station.

4. Considering the fact that already, the petitioner's complaint has been enquired into and closed, and the respondents 6 and 7 were also transferred from the Nagudi Police Station, no further order is required to be passed in the present Writ Petition. Hence, the Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 005.

2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

4.The Inspector of Police, Nagudi Police Station, Pudukkottai District.

5.The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.

+1 CC to Mr.R.SUBRAMANIAN, Advocate ( SR-83244[F] dated 26/08/2019 ) Order made in W.P.(MD)No.8764 of 2018 Dated: 22.08.2019 SML MK (06.09.2019) 3P 7C