Madras High CourtWP(MD)/20660/2023dismissed

N.S.M.M.Hariharan v. The Inspector Of Police

2023-08-24Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN N.S.M.M.Hariharan ... Petitioner Vs 1.The Inspector of Police, Y.Othakadai Police Station, Anbu Nagtar, Narasingam Main Road, Madurai.

2.N.S.T.Vinoth Muthiah 3.N.S.T.Nishanth Muthiah 4.M.Raja Muthiah

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to take appropriate action as against respondent Nos.2 to 4 on the petitioner's representation, dated 28.07.2023.

For Petitioner : Mr.S.Ramakrishnan For R-1 : 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 by way of Mandamus seeking for a direction to the respondent Police to dispose of the representation of the petitioner, dated 28.07.2023.

2. It is submitted by learned counsel for the petitioner that unofficial respondents without any rights are trying to trespass into the property belonging to the petitioner, thereby, the petitioner has filed a complaint against him, dated 28.07.2023, however, no action has been taken so far.

3. Learned Government Advocate (Criminal Side), on the other hand, submits that, there are civil disputes between the petitioner and unofficial respondents and a civil suit is pending in O.S.No.193 of 2022, on the file of the Melur Munsif Court. It is further submitted that, on 02.08.2023, the petitioner and unofficial respondents appeared before the Court and in writing, they reported to the respondent Police that they will resolve their issues in respect of immovable property in O.S.No.193 of 2022. Thereby, the respondent Police is stated to have closed the representation.

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4. Since both the petitioner and unofficial respondents agreed to resolve the disputes before the Civil Court, since the Sub Court has already been seized the matter, no further directions can be given in this case.

5. Accordingly, the petition petition is dismissed. No costs. 24.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Inspector of Police, Y.Othakadai Police Station, Anbu Nagtar, Narasingam Main Road, Madurai.

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

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DR.D.NAGARJUN, J.

tsg 24.08.2023 4/4