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2014 DIGILAW 3564 (MAD)

S. Jeyachandran v. Superintendent of Police, Madurai Rural, Madurai District

2014-09-23

T.S.SIVAGNANAM

body2014
Judgment : This petition has been field seeking issuance of a Writ of Mandamus forbearing the respondents 1 and 2 from interfering in the civil dispute between the petitioner and the respondents 3 to 7. 2. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 3 to 7. 3. According to the petitioner, the respondents 1 and 2 are interfering in the civil dispute between private respondents and himself. According to the private respondents, the petitioner has grabbed the property by entering into a fraudulent transaction and they are entitled to the property in question and the sale deed, dated 25.06.2013, relied on by the petitioner does not give any right to the petitioner. 4. In any event, if any complaint is given to the respondent police alleging commission of criminal offence, then it is the duty of the respondent police to investigate the same in accordance with law. Further, if the matter is purely a civil matter in respect of the dispute of title to an immovable property, the second respondent cannot interfere in to the same. 5. In the light of the above, the second respondent is directed to examine the complaint. If the matter is immovable property and there is no allegation of commission of any cognizable offence, the second respondent shall direct the parties to approach the civil Court. If the second respondent is of the opinion that there is prima facie material to show that there is criminal offence committed, then he shall pass order in accordance with law. 6. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.