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Madras High CourtWP(MD)/25236/2023disposed of

Karuppa Raj v. The Commissioner Of Police

2023-10-18Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD).No.21426 of 2023 1.Karuppa Raj 2.Alagumeena 3.Padmanabhan ... Petitioners Vs.

1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Mathichiyam Police Station, Madurai.

3.The Sub Inspector of Police, Mathichiyam Police Station, Madurai.

4.P.Annamalai 1/5

5.P.Arunachalam 6.P.Pushpa Valli 7.Paramasivam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other appropriate Writ or Order or Direction in the nature of Writ forbearing the respondents 1 to 3 from interfering in the Civil dispute between the petitioners and the respondents 4 to 7 pertaining to the business transactions of M/s.Om Sakthi Timber Depot at Old Door No.18A, New Door No.43, Alwarpuram, Goripalayam, Madurai Town. For Petitioner : Mr.T.R.Jeyapalam For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition is filed seeking direction to the respondents 1 to 3 from interfering in the Civil dispute between the petitioners and the respondents 4 to 7 pertaining to the business transactions of M/s.Om Sakthi Timber Depot at Old Door No.18A, New Door No.43, Alwarpuram, Goripalayam, Madurai Town.

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2.The learned counsel appearing for the petitioners would submit that previously there was a business transactions between the father of the private respondents and the petitioners. Later because of the money dispute, that was stopped. But the private respondents insisted the petitioners to continue the above said business transaction. Thereafter, the private respondents caused hindrance to the third respondent by coming to the shop. Based on which, the third petitioner filed a suit in O.S.No.427 of 2023 before the Principal District Munsif, Madurai Town, against the private respondents on 30.08.2023. After the above said suit, the present complaint has been given by the private respondent to the first respondent, which was forwarded to the second respondent for making enquiry.

3.The above said enquiry is still pending and the petitioners also appeared before the second respondent police. Later failed to appear, since the business transaction issue between the petitioners and defacto complainant. Let the above said complaint be enquired and the enquiry shall be completed within a period of 15 days from the date of receipt of a copy of this order, by summoning the petitioners as well as the private 3/5

respondents. During the course of enquiry, if it is found that it is a business transaction, the second respondent may close the enquiry. 4.In view of the above said direction, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed.

18.10.2023 (1/2) NCC :Yes/No Index :Yes/No Internet : Yes/ No VSG To 1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Mathichiyam Police Station, Madurai.

3.The Sub Inspector of Police, Mathichiyam Police Station, Madurai.

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

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G.ILANGOVAN, J VSG Order made in Dated :18.10.2023 (1/2) 5/5