F.Suthakar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN F.Suthakar ... Petitioner /vs./ 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Tirunelveli District.

3.Star Singh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the 2nd respondent from interfering with the civil dispute in respect of the agreement of sale entered with the 3rd respondent relating to the land in Old S.No.2122A/3 and New S.No.2122A/3A1A in Moolaikaraipatti Village, Nanguneri-Taluk, Tirunelveli District. For Petitioner : Mr.H.Arumugam For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (criminal side) 1/5

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondent police not to interfere in the civil dispute pending between the petitioner and the unofficial respondent No.3. 2.According to the learned counsel for the petitioner, the petitioner is running a petrol bulk in the name and style of M/s.George Fuels in S.No.2122A/3 and New.S.No.2122A/3A1A in Moolaikaraipatti Village, Nanguneri Taluk, Tirunelveli District and the respondent No.3 has agreed to purchase the said property, for which the respondent No.3 has paid an amount of Rs.89,00,000/- as advance, but he failed to pay the balance of consideration and filed a complaint before the police, on which the respondent Nos.1 and 2 police are harassing the petitioner and therefore, sought for suitable directions. 3.The learned Government Advocate (Crl.side) on the other hand submits that the complaint of the petitioner is registered as C.No.G5/5228922/2023 and three times, summons have been issued to the petitioner to appear before the 2/5

police for enquiry, however, the petitioner without appearing before the police for enquiry has filed this petition.

4.Considering the submissions made by the learned counsel on either side and also considering the fact that the dispute is in respect of petrol bulk, which is purely civil in nature, the petitioner is directed to appear before the respondent police and submit the documents, if any and on appearance of the petitioner, the respondent police are directed to complete the enquiry in the representation of the petitioner as expeditiously as possible, not later than two weeks from the date of appearance of the petitioner. It is needless to state that if at all the dispute between the petitioner and the unofficial respondent No.3 is purely civil in nature, the respondent Nos.1 and 2 police have no business to intervene in the issue. 5.With the above directions, this Petition is disposed of. No costs. Speaking : Yes / No 30.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Tirunelveli District.

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DR.D.NAGARJUN, J.

mm 30.08.2023 5/5