Muthaiah 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.9913 of 2016 Muthaiah ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Valliyur Police Station, Valliyur, Tirunelveli District.

3.Murugan 4.Sundarathammal 5.Alagappan

...Respondents

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 second respondent not to interfere the civil dispute between the petitioner and the third respondent insofar as the dispute relating to the property in Survey No.1002/2 of Vadakku Valliyur Village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.V.Sasikumar For R1 and R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R3 : Mr.J.Sulthan Basha

ORDER

The present petition has been filed seeking a direction to the second respondent not to interfere with the civil dispute pending between the petitioner and the third respondent. https://hcservices.ecourts.gov.in/hcservices/

2. The grievance of the petitioner is that based on the complaint given by the third respondent herein, the second

respondent is interfering with the petitioner's right 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 based on the complaint given by the third respondent, the second respondent police conducted enquiry and after enquiry, the said complaint was closed as 'civil dispute'. He would further submit that the second respondent police is not interfering with the civil dispute pending between the parties and he has no harassed the petitioner.

4. The statement made by the learned Additional Public Prosecutor is hereby recorded. Since the complaint given by the third respondent has been enquired into and closed, no further adjudication is required to be undertaken in this petition. Accordingly, this Criminal Original Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Valliyur Police Station, Valliyur, Tirunelveli District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-78110[F] dated 29/07/2019 ) +1 CC to M/s.V.SASIKUMAR, Advocate ( SR-78093[F] dated 26/07/2019 ) W.P.(MD)No.9913 of 2016 26.07.2019 ta JM/16.08.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/