Karuppaiah v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Karuppaiah ... Petitioner /vs./ 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Prohibition and Exercise Wing, Madurai Town, Madurai.

3.The Sub Inspector of Police, Prohibition and Exercise Wing, Madurai Town, Madurai.

4.Dhanapandi 5.B.Kalaiselvan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 4 not to interfere in civil dispute between the petitioner and the 5th respondent. 1/5

For Petitioner : Mr.A.M.Ramanathan For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (criminal side)

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent Nos.2 to 4 not to interfere in the civil dispute pending between the petitioner and the 5th respondent. 2.According to the learned counsel for the petitioner, the unofficial respondent Nos.4 and 5 have jointly managed the Bar attached with TASMAC wine shop No.5585 at Bykara, Madurai. It is submitted that on account of the disputes between the petitioner and the respondent No.5, respondent No.5 has given a complaint to the respondent police, basing on which the respondent police have allegedly asked the petitioner and the respondent No.5 to settle the dispute by sitting in the police station alone.

3.The learned Government Advocate (Crl.side) submits that a criminal case has been registered in Crime No.456 of 2023, in which the petitioner is not an accused. Except that, the respondent police have never contacted the petitioner, 2/5

never directed and never advised the petitioner to come to the police station and resolve the dispute as alleged by the petitioner. It is submitted that in order to get over the possible criminal action, the petitioner has filed this petition. 4.As seen from the records, it is found that the representation dated 22.08.2023 has not been received by the police and the representation does not bear any signature and there is no proof of sending it either by post or by online. Since the learned Government Advocate (Crl.side) has submitted that the respondent police have never contacted and harassed the petitioner, no further orders are passed in this case. Accordingly, this Petition is closed. No costs. Speaking : Yes / No 25.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Commissioner of Police, Madurai City, Madurai.

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2.The Inspector of Police, Prohibition and Exercise Wing, Madurai Town, Madurai.

3.The Sub Inspector of Police, Prohibition and Exercise Wing, Madurai Town, Madurai.

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DR.D.NAGARJUN, J.

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