Arumugam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.10549 of 2016 Arumugam ... Petitioner Vs.

1. The Superintendent of Police, Sivagangai.

2. The Inspector of Police, Taluk Police Station, Devakottai.

3. K.Sonaimuthu ... Respondents (R3 is impleaded vide Court order dated 22.07.2016 in W.M.P.(MD)No.9784 of 2016) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents not to interfere with the civil dispute namely the survey is over in respect of Survey No.237/1D at Kannankottai Village, Sivagangai District.

For Petitioner : Mr.J.Anandkumar For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R3 : Mr.K.Rajeshwaran

ORDER

This petition has been filed seeking direction to the respondents 1 and 2 not to interfere with the civil dispute in respect of Survey No.237/1D at Kannankottai Village, Sivagangai District.

2. The grievance of the petitioner is that there is a civil dispute between the petitioner and the third respondent and now based on the complaint given by third respondent, the second respondent police is interfering with the right of the petitioner and also harassing the petitioner. Hence, the petitioner has filed the present petition with the aforesaid prayer.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the official respondents, on instructions, would submit that on the complaint given by the third respondent enquiry has been conducted and closed directing the parties to approach the appropriate civil forum. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the third respondent would submit that the third respondent has already filed a suit before the competent civil Court and the same is pending.

5. Considering the fact that already the complaint lodged by the petitioner has been enquired and closed as civil dispute, no further adjudication is required in the present writ petition. Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police, Sivagangai.

2. The Inspector of Police, Taluk Police Station, Devakottai.

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

W.P.(MD)No.10549 of 2016 26.07.2019 ta MK (07.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/