G.Palaniappan vs The Superintendent Of Police
2023 Latest Caselaw 12251 Mad

                                                                                    W.P.No.26478 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 11.09.2023

                                                       CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                  W.P.No.26478 of 2023

                    G.Palaniappan                                 .. Petitioner

                                                        Versus

                    1. The Superintendent of Police,
                       Yercaud, Salem District.

                    2. The Deputy Superintendent of Police,
                       Yercaud.

                    3. The Inspector of Police,
                       Yercaud Police Station,
                       Salem District.

                    4. Chinnal @ Kariya Goundachi
                    5. Rojar Thamim Basha                         ..Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying to issue a Writ of Mandamus directing the 3rd respondent not to
                    interfere with civil rights and day to day affairs pertaining to the petitioner's
                    properties comprised in S.Nos.25/2, 25/4, 25/5, 22/2, 22/3, 25/3, 22/1B,
                    23/1, 26/2A, 28/2A, 28/2B, 13/1 situated at No.59, Kottachedu Village,
                    Belakkadu, Servarayan Hills, Salem Taluk and District.


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                                  W.P.No.26478 of 2023




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                                                                                    W.P.No.26478 of 2023


                                    For Petitioner    : Mr.M.Mohamed Riyaz

                                    For Respondents : Mr.A.Damodaran,
                                                      Additional Public Prosecutor,
                                                for RR-1 to 3

                                                      ORDER

This Writ Petition has been filed for a direction to the third

respondent not to interfere with the civil dispute between the petitioner and

the respondents 4 and 5 pertaining to the subject properties.

2. Heard Mr.M.Mohamed Riyaz, learned Counsel for the petitioner

and Mr.A.Damodaran, learned Counsel for the respondents 1 to 3.

3. It is seen from records that there is already a Civil Suit pending

before the learned District Munsif, Yercaud between the petitioner and the

fourth respondent. In fact, the fourth respondent had instituted the suit

seeking for the relief of permanent injunction. In view of the same, it is

clear that the lis is pending before the concerned Court and it is also seen

that there are earlier judgments and decrees passed. Therefore, it is apparent

that the petitioner and the private respondents are involved in a civil

dispute. In view of the same, there is no question of the Police getting into

the scene and interfering with the civil dispute. The learned Additional https://www.mhc.tn.gov.in/judis

W.P.No.26478 of 2023

Public Prosecutor submitted that the fifth respondent gave a complaint and

it was enquired in C.S.R.No.127 of 2023 and it was closed on 23.08.2023

by directing the parties to agitate their rights before the Civil Court. The

learned Additional Public Prosecutor submitted that the Police had entered

into the property on the directions given by the Civil Court.

4. A Civil Court cannot give oral directions to the Police to enter into

the property where there is already a civil dispute pending between the

parties before the concerned Court. At the best, the Police can come into

the scene in a civil dispute only if an order is passed under Section 151 of

C.P.C where the Court specifically grant Police protection in order to ensure

the execution / observance of an interim order passed by the Court.

Therefore, there is no scope for any oral directions to the Police to get into

the property. Hence, there is no question of Police getting into this issue

without there being a specific order passed by the Civil Court.

5. In the light of the above discussion, there shall be a direction to the

respondents 1 to 3 not to interfere with the civil dispute between the parties

and it is left open to the petitioner and the private respondents to work out

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W.P.No.26478 of 2023

their remedy in the pending Civil Suit. The Police will get into the scene

only if any law and order problem is created and an offence is committed.

6. This Writ Petition is disposed off in the above terms. No costs.

11.09.2023

Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The Superintendent of Police, Yercaud, Salem District.

2. The Deputy Superintendent of Police, Yercaud.

3. The Inspector of Police, Yercaud Police Station, Salem District.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis

W.P.No.26478 of 2023

N.ANAND VENKATESH, J.

grs

W.P.No.26478 of 2023

11.09.2023

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