Madras High CourtWP(MD)/22715/2021disposed of

Ganesan M v. The Inspector Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.22715 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22715 of 2021 and W.M.P.(MD)No.19196 of 2021 M.Ganesan ... Petitioner -Vs1.The Inspector of Police, Ezhumalai Police Station, Madurai District.

2.Gunasekaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the first respondent from interfering in a civil dispute which is the subject matter in issue in O.S.No.336 of 2021 on the file of the Subordinate Court, Tirumangalam on the basis of the complaint dated 16.12.2021 lodged by the second respondent.

For Petitioner : Mr.R.G.Shankar Ganesh For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (crl.) for the first respondent. Considering the nature of relief to be granted, issuance of notice to R2 is dispensed with.

2. The petitioner is owning the land in Ezhumalai Village. There appears to be a civil dispute between the petitioner and the second respondent. It is the subject matter of the consideration in O.S.No.336 of 2021 on the file of the Sub Court, Thirumangalam. The petitioner is said to be the plaintiff in the said suit.

3. Since the civil Court is seized of the matter, the first respondent is restrained from interfering in the said civil dispute. It is for the petitioner and the second respondent to work out their remedies in the manner known to law.

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W.P.(MD)No.22715 of 2021 4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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 Inspector of Police, Ezhumalai Police Station, Madurai District.

+1 CC to M/s.R.G.SHANKAR GANESH, Advocate ( SR-39785[F] dated 21/12/2021 ) W.P.(MD)No.22715 of 2021 21.12.2021 RD(7.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2