Madras High Court
Kannatty vs The Commissioner Of Police on 5 July, 2023
W.P.(MD) No.16151 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN
W.P.(MD) No.16151 of 2023
Kannatty ... Petitioner
/vs./
1.The Commissioner of Police,
Trichy District.
2.The Inspector of Police,
Town Police Station,
Trichy District.
3.Vijayalakshmi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, forbearing the 2nd respondent from interfering
with the civil dispute between the petitioner and her mother.
For Petitioner : Mr.P.Ganapathi Subramanian
For R1 & R2 : Mr.B.Thanga Aravindh
Government Advocate (Crl.side)
1/6
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W.P.(MD) No.16151 of 2023
ORDER
This petition is filed seeking for a direction to the respondent No.2 not to
interfere with the civil dispute pending between the petitioner and the respondent
No.3.
2.It is submitted by the learned counsel appearing for the petitioner that the
respondent No.3 is the mother of the petitioner, who has settled her property in
favour of the petitioner under a settlement deed dated 17.11.2004 and
subsequently, the petitioner stated to have constructed a house and is residing
therein. Disputes arose between the petitioner and the respondent No.3, thereby
the respondent No.3 has filed an application before the Revenue Divisional
Officer, Trichy under the Tamil Nadu Maintenance and Welfare of Parents and
Senior Citizens Act, 2007, and after the conclusion of the enquiry, the learned
Revenue Divisional Officer stated to have directed the petitioner herein to pay an
amount of Rs.3,000/- per month to the respondent No.3. The petitioner aggrieved
by the same also preferred an appeal before the District Collector, Trichy, which
was dismissed confirming the orders passed by the Revenue Divisional Officer,
Trichy as per the orders dated 29.11.2022.
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W.P.(MD) No.16151 of 2023
3.It is submitted that the petitioner has filed O.S.No.319 of 2009 in respect
of the property that was settled in favour of the petitioner by the respondent No.3
and the said suit was also ended in favour of the petitioner. Now, it is submitted
that on a complaint given by the respondent No.3, on 26.06.2023 the Inspector of
Police ie., the respondent No.2 has been harassing the petitioner and asking him
either to pay hefty amount to the respondent No.3 or to vacate the house, where
the petitioner is residing and hand it over to the respondent No.3.
4.The learned Government Advocate (Crl.side) on the other hand submits
that on a representation received from the respondent No.3 dated 26.06.2023,
current petition number was given as C.No.647/PG/CAMP/COP/TRC/2023 and
the petition was disposed of after making an enquiry, wherein the petitioner was
called to the police station and after concluding the enquiry, the petition filed by
the respondent No.3 dated 26.06.2023 is closed. The petitioner also stated to
have given a representation dated 08.05.2023 making complaint against the
respondent No.2. It is also submitted by the learned Government Advocate
(Crl.side) that as per his instructions, the respondent No.2 has never asked the
petitioner either to give the hefty amount or to part with the property. It is also
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W.P.(MD) No.16151 of 2023
submitted by the learned Government Advocate (Crl.side) that the respondent
police are not interfering subsequent to the closure of the petition filed by the
respondent No.3.
5.Considering the circumstances, since the issue between the petitioner and
the respondent No.3 is purely civil in nature, which is also settled as per the
judgment and decree in O.S.No.319 of 2009, the respondent No.2 and other
should not intervene in the dispute pending between the petitioner and the
respondent No.3.
6.Recording the submissions made by the learned Government Advocate
(Crl.side) representing the respondent Nos.1 and 2, the Writ Petition is disposed
of, as the purpose has already been resolved. However, there shall be no order as
to costs.
Speaking : Yes / No 05.07.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
mm
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W.P.(MD) No.16151 of 2023
To
1.The Commissioner of Police,
Trichy District.
2.The Inspector of Police,
Town Police Station,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16151 of 2023
DR.D.NAGARJUN, J.
mm
W.P.(MD) No.16151 of 2023
05.07.2023
https://www.mhc.tn.gov.in/judis
