M. Chelladuracyi v. Superintendent of Police, Tuticorin
2014-09-04
N.KIRUBAKARAN
body2014
DigiLaw.ai
Judgment 1. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents. 2. A perusal of the records would show that the petitioner's vendor had already succeeded before the civil Court and the same was confirmed by this Court in S.A.No.1439 of 1983. When that is the position, the proposed accused cannot have any right to interfere with the petitioner's possession. 3. Though the petitioner gave a complaint on 17.04.2014, very mechanically, the complaint was closed stating that the matter is still civil in nature and it has to be adjudicated before the Civil Court. As stated above, the matter was adjudicated and the title of the petitioner's vendor was positively decided in his favour. When that is the position, there is no such move when the civil Court had already decided the matter. Hence, the respondents are directed to register the case and proceed in accordance with law.