Periyasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P. Crl. (MD) No. 1189 of 2025 Periyasamy ... Petitioner Vs

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

2. The Inspector of Police, Velayutham Palayam Police Station, Karur.

3. Logananthan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent police not to interfere in the civil dispute which is the subject matter of the suit in O.S No.229 of 2025 on the file of District Court of Karur and not to harass the petitioner in the guise of enquiry.

For petitioner : Mr. P.Samuel Gunasingh 1/5

For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 & R2 *****

ORDER

The petitioner seeks a Writ of Mandamus to direct the second respondent not to interfere with the civil dispute, which is subject matter of a suit in O.S.No. 229 of 2025 pending on the file of the District Court, Karur and not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner would submit that on the complaint given by the third respondent, the petitioner is being harassed and is being forced to settle the civil dispute, which is pending before the District Court, Karur in O.S.No.229 of 2025. He would submit that in the presence of the police, the third respondent and his henchmen attacked him. In fact, FIR was registered on the complaint of the petitioner in Crime No.230/2025. Hence, he would submit that the respondents 1 and 2 have to be restrained from interfering in the civil dispute.

2/5

3. The learned Additional Public Prosecutor, per contra, would submit that an FIR was also registered at the instance of the petitioner against the third respondent and others. He would further submit that on the complaint given by the third respondent, CSR No.364/2025, dated 07.08.2025 is pending and that an enquiry in CSR No.364/2025 would be completed within two weeks from today.

4. The respondents are conducting an enquiry on the complaint of the third respondent; and have not registered an FIR so far. Hence, it cannot be presumed that the respondents are interfering in a civil dispute. However, the second respondent shall complete the enquiry in the pending CSR.No.364/2025 dated 07.08.2025 within two weeks from today. If the petitioner's presence is required, summons may be issued by the second respondent for his appearance. It is open to the petitioner to submit all documents establishing that there is only a civil dispute.

5. With the above observations, this Writ Petition is closed. Index : Yes / No 02.09.2025 Internet : Yes / No apd 3/5

To

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

2. The Inspector of Police, Velayutham Palayam Police Station, Karur.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai 4/5

SUNDER MOHAN , J.

apd W.P. Crl.(MD) No. 1189 of 2025 02.09.2025 5/5