Sudalaimani v. The Superintendent Of Police

1 W.P.(MD)NO.21269 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21269 of 2021 Sudalaimani ... Petitioner Vs.

State rep. By its

1. The Superintendent of Police, District Police Office, Samathanapuram,

2. The Deputy Superintendent of Police,

3. The Inspector of Police,

4. Shanmugavel ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing respondents 2 and 3 from interfering in the civil dispute between the petitioner and the fourth respondent and also forbearing to insisting the petitioner to cancel the registered sale deeds executed on 01.09.2021 by way of conducting Kattapanchayat based on his representation dated 24.11.2021.

For Petitioner : Mr.C.Susi Kumar For R-1 to R-3 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 3.

2. This writ petition has been filed for forbearing the respondent police from interfering in the civil dispute that is said to be pending between the petitioner on the one hand and the fourth respondent on the other. The petitioner further alleges that the 1/3

2 W.P.(MD)NO.21269 OF 2021 respondent police are insisting that the petitioner must cancel the petition mentioned registered sale deeds.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for respondents 1 to 3 submitted that the enquiry into the fourth respondent's complaint will be concluded on merits and in accordance with law within a period of two weeks.

4. The petitioner shall appear before the third respondent on 03.12.2021 at 11.00 a.m. The third respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks, thereafter. I make it clear that the police cannot compel the petitioner to cancel the petition mentioned sale deeds. It is for the parties either to work out the issue between themselves or before the jurisdictional civil Court. If the third respondent intends to register any First Information Report against the petitioner, the petitioner will be given notice of the same so that he will have breathing time to move the concerned Court for the relief of anticipatory bail.

5. With this direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, District Police Office, Samathanapuram,

2. The Deputy Superintendent of Police, 2/3

3 W.P.(MD)NO.21269 OF 2021

3. The Inspector of Police, 4.The Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.21269 of 2021 30.11.2021 RD(08.12.2021) 3P 5C 3/3