Madras High CourtWP(MD)/1716/2017disposed of

G.Angayarkanni v. The Commissioner Of Police

2020-12-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.1716 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN W.P.(MD)No.1716 of 2017 G.Angayarkanni : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, South Gate Police Station, Madurai, Madurai District.

3.Kavitha : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent not to interfere with the civil dispute in the intention of execute the sale deed on the petitioner's property of the house in favour of the third respondent and not to compel the petitioner and her family members to vacate from the petitioner's house bearing Door No.231-A, South Market Street, Madurai-1, on the basis of the complaint lodged by the third respondent dated 12.01.2017.

For Petitioner :Mr.M.Manivelpandian For Respondents :M/S.M.Ananthadevi 1 and 2 Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking direction to the r second respondent not to interfere with the civil dispute in the intention of execute the sale deed on the petitioner's property of the house in favour of the third respondent and not to compel the petitioner and her family members to vacate from the petitioner's house bearing Door No.231-A, South Market Street, Madurai-1, on the basis of the complaint lodged by the third respondent dated 12.01.2017.

2.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that on the complaint lodged by the third respondent herein, the second respondent police has conducted enquiry and the same was closed as civil in nature. https://hcservices.ecourts.gov.in/hcservices/ 3.It is seen that there is a civil dispute pending between the petitioner and the third respondent herein. Therefore, the

W.P.(MD)No.1716 of 2017 second respondent has no role to play in the civil dispute pending between the petitioner and the third respondent herein. As such, the second respondent is directed not to interfere with the civil dispute between the petitioner and the third respondent herein except any crime committed by the petitioner and the 3rd respondent. However the petitioner is at liberty to file appropriate petition before the civil court for appropriate relief in the manner known to law.

4.With the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg 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 Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, South Gate Police Station, Madurai, Madurai District.

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

W.P.(MD)No.1716 of 2017 01.12.2020 SN(CO) KB(17.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/