Vijaymurthy .D v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.30 of 2024 D.Vijaymurthy ... Petitioner /vs./ 1.The Deputy Inspector General of Police, Trichy Range, 2.The Superintendent of Police, Trichy District, 3.Subramani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to take necessary action against the 3rd respondent and not to interfere with the subject matter civil dispute on the basis of the petitioner representation dated 12.12.2023. 1/6

For Petitioner : Mr.T.Vadivelan For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Writ Petition is filed to direct the second Respondent to take necessary action against the third Respondent not to interfere with the subject matter of civil dispute on the basis of the Petitioner representation dated 12.12.2023. 2.The learned counsel for the Petitioner submits that the Petitioner had entered into the development agreement with one Yoganathan through a registered power deed for 12 acres and 44 cents in Sooriyur Village, Thiruverumbur Taluk, Trichy District. Subsequently, there had been dispute between the Principle and the Agent, forcing them to file a suit in O.S.No.579 of 2023 before the District Munsif Court, Tiruchirappalli. 3.While so, it is the contention of the learned counsel for the Petitioner that the third Respondent herein, who is serving as Inspector of Police, Navalpattu Police Station, Trichy District, took away the documents from the Petitioner's Car. 2/6

Therefore, he had filed a complaint with the second Respondent/the Superintendent of Police, Trichy District. Since they had not taken any action, the Petitioner had prepared a representation before the first Respondent/the Deputy Inspector General of Police, Trichy Range, Trichy. Since there was no response, he had approached this Court by filing this Writ Petition to conduct the departmental enquiry against the third Respondent. 4.The learned Additional Public Prosecutor by way of reply submitted that earlier the Petitioner had filed a writ petition before this Court. The learned Additional Public Prosecutor in that case submitted that the Petitioner in the Writ Petition is facing criminal charges. Therefore, the earlier Writ Petition was dismissed by this Court.

5.To the query of this Court, whether the order of the said Writ Petition is enclosed in this Writ Petition, the learned counsel for the Petitioner submitted that he had not received the copy of the order from the Court. 3/6

6.From the submissions of the learned counsel for the Petitioner, it is found that there had been dispute between the land owner and the Petitioner, who had entered into the agreement regarding development of agricultural land into houses. From the averments made in the Writ Petition, it can be concluded that the Petitioner had paid Rs.1,00,000/- as advance and entered into the agreement regarding development of agricultural land. Therefore, the subject matter of the same is before the Civil Court. The second Respondent is directed to conduct an enquiry and dispose of the same within the reasonable period of one month from the date of receipt of a copy of this order.

7.With the above directions, this Writ Petition is disposed of. No costs. 03.01.2024 Index : Yes / No Internet : Yes / No mm TO:

1.The Deputy Inspector General of Police, Trichy Range, 4/6

2.The Superintendent of Police, Trichy District, 5/6

SATHI KUMAR SUKUMARA KURUP , J.

mm Order made in W.P.(MD)No.30 of 2024 Dated:

03.01.2024 6/6