Madras High Court
Mrs.Shameem Fazlullah vs The Commissioner Of Police on 2 November, 2021
W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
Mrs.Shameem Fazlullah .. Petitioner
Versus
1. The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
E.V.K. Sampath Road, Vepery,
Periamet, Chennai – 7.
2. The Inspector of Police (Law & Order)
P-2, Otteri Police Station,
Cooks Road, Puthuvazhama Nagar,
Jamalia, Chennai – 12.
3. Sub-Inspector of Police (Law & Order)
P-2, Otteri Police Station,
Cooks Road, Puthuvazhama Nagar,
Jamalia, Chennai – 12.
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W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
4. Mr.Krishnamoorthy
5. Mr.Anbazhagan Ramarudaiyar
6. Mr.Thameem Basha ...Respondents
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India for issuance of writ of Prohibition, prohibiting the
respondents 2 & 3, from conducting Mediation/Katta
Panchayath/Kangaroo Court upon the complaint of the 6th respondent and
assisting settlement of a Civil Dispute by dispossessing the petitioner
from the Petition Property bearing New Door No.86, Old No.61, Plot
No.28, Eden Garden Street, Perambur Village, Perambur, Chennai – 600
012, by extra judicial/un-constitutional means.
For Petitioner : Mr.E.Prabu
For Respondents : Mr.A.Damodharan,
Additional Public Prosecutor
for R1 to R3
ORDER
The petitioner has filed this writ petition seeking Writ of
Prohibition directing the respondents 2 to 3 from conducting Katta
Panchayath/Kangaroo Court on the complaint of the 6th respondent and
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W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
assisting for the settlement of the civil dispute by dispossessing the
petitioner from her property bearing Door No.86, Old No.61, Plot No.28,
Eden Garden Street, Perambur Village, Perambur, Chennai – 600 012.
2. The contention of the petitioner is that the petitioners husband
had purchased the property from its original owners one Somasundaram
and his wife S.Durga by sale deed dated 08.03.2006 vide document
No.959 of 2006. From the date of purchase, the petitioner is in
possession and enjoyment of the property. After the purchase, the 6 th
respondent filed C.S.No.438 of 2006 before this Court as against the
vendor Somasundaram for specific performance alleging that there was a
sale agreement dated 20.10.2014 and subsequently impleaded the
petitioner's husband as a party respondent in C.S.No.438 of 2006. The
vendor remained as exparte, since he had already sold the property to the
petitioner's husband. The 6th respondent, on the basis of the agreement
dated 20.10.2014 with the vendor Somasundaram, had filed a Civil Suit
before this Court, which was later transferred to XVIII Additional City
Civil Court, Chennai, and renumbered as O.S.No.11778 of 2010, which
went against the petitioner. Against which, the petitioner had filed an
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W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
Appeal Suit in A.S.No.344 of 2017, which is pending before this Court,
wherein an interim stay staying of the operations of the judgment of
O.S.No.11778 of 2010 has been granted by this Court. The respondent
Police exerting pressure to the petitioner forcing the petitioner to effect,
handover and possession to the 6th respondent. The Police are involving
themselves in a Civil dispute and conducting a Kangaroo Court. Further,
as the petitioner is a lady, taking advantage of her gender at absence of
the petitioner's husband, who is employed in Middle-East, the respondent
police are pressurising the petitioner. Hence, the above petition filed by
the petitioner.
3. The learned Additional Public Prosecutor submitted that on the
complaint of the petitioner in C.S.R.No.558 of 2021 enquiry was
conducted and it was closed. As on date, there is no petition pending with
the respondent Police, further submitted that the respondent Police shall
not interfere with the civil dispute between the petitioner and the 6th
respondent.
4. Considering the fact that, already a Civil Suit is pending
between the petitioner and the 6th respondent and considering the
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W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
enquiry report, wherein, the petitioner as well as the 6th respondent had
given an undertaking before the respondent Police that they would
resolve the dispute in the Civil Suit and abide by the orders of the Civil
Court, This Writ Petition is disposed of.
02.11.2021
Index: Yes/No
Internet: Yes/No
rap/mpl
To
1. The Commissioner of Police,
Greater Chennai Police,
No.132, Commissioner Office Building,
E.V.K. Sampath Road, Vepery,
Periamet, Chennai – 7.
2. The Inspector of Police (Law & Order)
P-2, Otteri Police Station,
Cooks Road, Puthuvazhama Nagar,
Jamalia, Chennai – 12.
3. Sub-Inspector of Police (Law & Order)
P-2, Otteri Police Station,
Cooks Road, Puthuvazhama Nagar,
Jamalia, Chennai – 12.
4. The Public Prosecutor,
High Court, Madras.
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W.P.No.23599 of 2021 and
W.M.P.No.24841 of 2021
M.NIRMAL KUMAR, J.
rap/mpl
W.P.No.23599 of 2021
and
W.M.P.No.24841 of 2021
02.11.2021
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