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Madras High CourtWP(MD)/20160/2023dismissed

Natarajan K v. The Superintendent Of Police

2023-08-21Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Natarajan ... Petitioner Vs 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Sub-Inspector of Police, Puliyarai Police Station, Tenkasi District.

3.Senthilkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 & 2 to take necessry action on the petitioner's complaints dated 03.07.2023 and 21.07.2023. For Petitioner : Mr.T.Indrachithu For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 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 respondents 1 & 2 to take necessary action on the petitioner's complaints dated 03.07.2023 and 21.07.2023.

2. It is submitted by the learned counsel for the petitioner that the petitioner has purchased 1452 sq.ft, out of 5 cents in Survey No.194/3, 194/4 situated at Puliyarai, Sengottai Taluk vide document No.314/1994, whereas the third respondent has purchased 1.66 cents in the same survey numbers, however while purchasing he has fraudulently included the petitioner's land to an extent of 439 sq.ft belonging to the petitioner in his sale deed vide document No. 314/1994, the petitioner filed an application before the police to take action against the un-official respondents alleging that the un-official respondents are tress passing into the petitioner's land.

3. According to the petitioner, the third respondent fraudulently got a sale deed by including 1 1⁄2 cents of belonging to the petitioner. In case, the un-official respondents are trying to tress pass into the land belonging to the petitioner under the guise of sale deed, the petitioner is expected to approach 2/4

civil Court and file appropriate suit against the respondents from interfering.

4. Since the dispute between the petitioner and the third respondent is purely civil in nature, respondent police have no role to play in this case . Accordingly, no order as sought for by the petitioner can be passed and this petition is dismissed. No costs.

21.08.2023 NCC:yes/no Index:yes/no Internet:yes/no am To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Sub-Inspector of Police, Puliyarai Police Station, Tenkasi District.

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

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DR.D.NAGARJUN, J.

am 21.08.2023 4/4