Madras High Court
J.Rechal Prema vs The Commissioner Of Police on 20 June, 2022
Crl.O.P(MD)No.10881 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2022
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P(MD)No.10881 of 2022
J.Rechal Prema ... Petitioner
Vs.
1.The Commissioner of Police,
Tirunelveli City.
2.The Sub Inspector of Police,
City Crime Branch,
O/o.Commissioner Office,
Near Anna Vilayattu Arangam,
Tirunelveli.
3.Vijayarani
4.Alwin Antony ...Respondents
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct
the respondents 1 and 2 and their subordinates not to interfere with the civil
dispute in respect of the house property situated in Door No.14/1/1 at Sankar
Colony in T.S.No.1, Block 25, T.S.Ward No.3 in Survey No.157, Ward No.21
within the Tirunelveli Corporation limit measuring an extent of east-west 53
feet and north-soutn (west) 62.50 feet (east) 61 feet totally 3272.75 sq.ft.
For Petitioner : Mr.S.Sivathilakar
For R1 - R2 : Mr.A.Albert James
Government Advocate (Crl.side)
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1/5
Crl.O.P(MD)No.10881 of 2022
ORDER
This Criminal Original Petition has been filed to direct the
respondents 1 and 2 and their subordinates not to interfere with the civil dispute
in respect of the house property situated in Door No.14/1/1 at Sankar Colony in
T.S.No.1, Block 25, T.S.Ward No.3 in Survey No.157, Ward No.21 within the
Tirunelveli Corporation limit measuring an extent of east-west 53 feet and
north-soutn (west) 62.50 feet (east) 61 feet totally 3272.75 sq.ft.
2. The learned counsel appearing for the petitioner submitted that the
petitioner is the owner of the house property situated in Door No.14/1/1 at
Sankar Colony in T.S.No.1, Block 25, T.S.Ward No.3 in Survey No.157, Ward
No.21 within the Tirunelveli Corporation limit measuring to an extent of 53 feet
towards east-west and north-south (west) and to an extent of 62.50 feet (east)
totally 3272.75 sq.ft. absolutely belongs to the husband of the petitioner. Since,
the 3rd and 4th respondents claimed right over the property, the petitioner's
husband has filed a suit in O.S.No.478 of 2009 against the third respondent and
the same was dismissed by the learned I Additional District Munsif, Tirunelveli
on 09.07.2015. Against which, an appeal was filed in A.S.No.63 of 2015
before the file of the Principal Sub Court, Tirunelveli, which was confirmed by
the judgment and decree of the trial Court. Thereafter, the petitioner's husband
has preferred second appeal in S.A.(MD)No.177 of 2020 before this Court,
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.10881 of 2022
which is pending for consideration. Apart from this, third respondent has also
filed a eviction petition in RTLOP.No.39 of 2021 against the petitioner before
the Rent Controller, Tirunelveli. Under theses circumstances, the petitioner
seeking a direction to direct the 1st and 2nd respondents not to interfere with the
civil dispute filed this criminal original petition.
3.The learned Government Advocate (Crl.side) appearing for the
respondent police submitted that the complaint has been received by the
respondent police and enquiry has also been conducted and it is found that
there is a civil dispute pending between the petitioner and the 3 rd and 4th
respondents and it is now kept pending for further enquiry.
4. I have considered the submission of the learned counsel appearing
for the petitioner and the learned Government Advocate (criminal side)
appearing for the respondent police.
5.A perusal of records would show that there is a civil dispute
between the petitioner and the 3rd and 4th respondents herein. Since, the 3rd and
4th respondents claimed right over the property, the petitioner's husband has
filed a suit in O.S.No.478 of 2009 against the third respondent and the same
was dismissed by the learned I Additional District Munsif, Tirunelveli on
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.10881 of 2022
09.07.2015. Against which, an appeal was filed in A.S.No.63 of 2015 before
the file of the Principal Sub Court, Tirunelveli, which was confirmed by the
judgment and decree of the trial Court. Thereafter, the petitioner's husband has
preferred the second appeal in S.A.(MD)No.177 of 2020 before this Court,
which is pending for consideration. Apart from this, third respondent has also
filed a eviction petition in RTLOP.No.39 of 2021 against the petitioner before
the Rent Controller, Tirunelveli. The complaint pertaining to the suit property
is enquired by the police. Therefore, the respondent police is hereby directed
not to enquire the complaint because the complaint is lodged pertaining to the
property involved in a civil matter.
6.With the above direction, this Criminal Original Petition stands
disposed of.
20.06.2022
Index : Yes / No
Internet : Yes/ No
vsd
To
1.The Commissioner of Police,
Tirunelveli City.
2.The Sub Inspector of Police,
City Crime Branch,
O/o.Commissioner Office,
Near Anna Vilayattu Arangam,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.10881 of 2022
V.SIVAGNANAM., J
vsd
3.Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P(MD)No.10881 of 2022
20.06.2022
https://www.mhc.tn.gov.in/judis
