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Madras High CourtWP(MD)/20011/2023disposed of

Naseem Banu v. The Superintendent Of Police

2023-08-18Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Naseem Banu ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

3.M.Jainul Abudeen ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent not to interfere into the civil subject matter in respect of the pathway dispute situated in Survey No.367 and 364/B Panagudi Village, Radhapuram Taluk, Tirunelveli District which subject is pending adjudication before the learned District Munsif, Valliyoor, Tirunelveli District in O.S.No.91 of 2022. For Petitioner : Mr.R.Anand For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal side) For R3 : Mr.N.S.Ramakrishnadoss 1/4

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the second respondent not to interfere with the civil dispute pending between the petitioner and the third respondent.

2. According to the petitioner, there is a dispute between the petitioner and the third respondent in respect of pathway. The petitioner filed a suit in O.S.No.91 of 2002 and the same is pending on the file of the District Munsif, Valliyoor. It is submitted that the police have been harassing the petitioner to give a right to the third respondent and therefore, sought for suitable direction.

3. Mr.N.S.Ramakrishnadoss, learned counsel for the third respondent reported that he has not filed any complaint before the police against the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondents 1 & 2 submitted that no complaint is received against the petitioner.

5. Recording the submission of the learned counsel for the petitioner, learned counsel for the third respondent and the learned Government 2/4

Advocate appearing for the respondents 1 & 2, this petition is disposed of as no direction need to be given as no complaint is pending against the petitioner. If the police is receives any complaint against the petitioner, they shall to follow the procedure scrupulously and dispose of the same. No costs. 18.08.2023 NCC:yes/no Index:yes/no Internet:yes/no am To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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DR.D.NAGARJUN, J.

am 18.08.2023 4/4