Madras High CourtWP(MD)/5047/2015disposed of

P.Vijayakumar v. The Superintendent Of Police

2020-11-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.5047 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.5047 of 2015 and MP(MD)No.1 of 2015 P.Vijayakumar ... Petitioner Vs.

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

2.The Inspector of Police, Pasupathipalayam Police Station, Karur, Karur District.

3.R.Palanisamy ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to forbear the respondents 1 and 2 from interfering in the petitioner's peaceful possession and enjoyment of the suit property at S.F.No.503, Plot No.3 to an extent of 2952 sq.ft situated at Thanthoni Village with tiled roof in No.42, Old Jeeva Nagar, No.165/17-B, Poonga Nagar, which is the subject matter of O.S.No.419 of 2014 on the file of the District Munsif, Karur.

For Petitioner : Mr.N.Shanmugaselvam For R1 & R2 : Mrs.Ananthadevi Government Advocate (Crl.Side) For R3 : Mr.K.Guhan

ORDER

This writ petition has been filed to forbear the respondents 1 and 2 from interfering with the petitioner's peaceful possession and enjoyment of the disputed property.

2.The learned Government Advocate (Crl.Side) would submit that on the complaint lodged by the petitioner, enquiry was conducted and the same was closed. It is seen that there is a property dispute between the petitioner and the 3rd respondent herein. Regarding the said issue, a suit in O.S.No.419 of 2014 is pending before the District Munsif, Karur. Therefore, in the civil dispute between the petitioner and the 3rd respondent, the 1st and 2nd respondents have no role to play, except any offence committed by the petitioner or by https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5047 of 2015 the 3rd respondent herein.

3.In view of the same, the 1st and 2nd respondents are directed not to interfere with the civil dispute pending between the petitioner and the 3rd respondent herein, except any crime committed by the petitioner or by the 3rd respondent herein. 4.with the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Karur District.

2.The Inspector of Police, Pasupathipalayam Police Station, Karur, Karur District.

+1 CC to M/s.K. GUHAN, Advocate ( SR-23189[F] dated 27/11/2020 ) W.P.(MD)No.5047 of 2015 and MP(MD)No.1 of 2015 24.11.2020 SJ(CO) KK(03.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2