Madras High CourtWP(MD)/12320/2018disposed of

O.Mahendran v. The Superintendent Of Police

2019-09-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD) No.12320 of 2018 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD) No.12320 of 2018 O.Mahendran ... Petitioner Vs 1.The Superintendent of Police, O/o.the District Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, O/o.the Deputy superintendent of Police, Andipatti, Theni District.

3.The Sub Inspector of Police, Varusanadu Police Station, Varusanadu Post, Andipatti Taluk, Theni District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issuance of a Writ of Mandamus, directing the respondents not to interfere in the civil matter and direct the respondents 1 and 2 to take action against the 3rd respondent based on the petitioner's representation dated 23.05.2018. For Petitioner : Mr.K.Neelamegam For Respondents : Mr.K.Suyambulinga Bharathi, G.A.(Crl. Side)

O R D E R

This petition has been filed for a writ of Mandamus, directing the respondents not to interfere in the civil matter and direct the respondents 1 and 2 to take action against the 3rd respondent based on the petitioner's representation dated 23.05.2018.

2.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (criminal side) appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD) No.12320 of 2018 3.It is seen that there are disputes between the petitioner and his counter part and on the complaint received from both side, the 3rd respondent registered case in crime Nos.141 of 2018 for the offence under Sections 147, 447, 379, 294(b), 323 and 506(i) of I.P.C. and another case in crime No.142 of 2018 for the offence under sections 341, 294(b), 506(i), 323 and 427 of I.P.C. In both the cases, they completed investigation and also filed final report and the same were taken cognizance in C.C.Nos.331 and 332 of 2019 on the file of the Judicial Magistrate, Andipatti. 4.It is also seen that the between the petitioner and his counter part, there is a civil suit pending in O.S.No.206 of 2015.

However, the third respondent has no role to interfere with the civil dispute pending between the petitioner and his counterpart. 5.Considering the above said facts and circumstances of the case, the third respondent is directed not to interfere with the civil dispute between the petitioner and his counterpart. 6.With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To 1.The Superintendent of Police, O/o.the District Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, O/o.the Deputy superintendent of Police, Andipatti, Theni District.

3.The Sub Inspector of Police, Varusanadu Police Station, Varusanadu Post, Andipatti Taluk, Theni District.

+1 CC to M/s.N.NEELAMEGAM, Advocate SR NO-86722 Order made in W.P (MD) No.12320 of 2018 16.09.2019 Arul MS/03.10.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2