1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.13510 of 2011 S.Gunasundari :Petitioner -Versus- 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Sub Inspector of Police, Devakottai Police Station, Devakottai, Sivagangai District. 3.S.Muthukumar 4.Tmt.Kala @ Kannagi 5.Tmt.Vijayalakshmi :Respondents PRAYER:Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to give suitable direction to the 2nd respondent to enquire and take action on the petitioner's representation dated 05.11.2011 within the stipulated time granted by this Court. For Petitioner :Mr.A.Haja Mohideen For Respondents:Mr.K.P.Krishnadoss,Government Advocate. ORDER The petitioner has come up with the above writ petition, seeking a mandamus, to direct the first respondent to take action on his representation. 2.Heard Mr.A.Haja Mohideen, learned counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate, takes notice for respondents. 3.The 4th respondent is the half brother of the petitioner. The third respondent is the husband of the 4th respondent. The 5th respondent is the sister of the petitioner's mother. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The petitioner has filed a suit in O.S.No.113 of 2007 on the file of the District Munsif Court, Devakottai seeking a declaration of title and permanent injunction. The respondents 3 to 5 have filed another suit in O.S.No.149 of 2010 for partition. While both the suits are pending, it appears that the respondents 3 to 5 made a police complaint and there were enquires. Subsequently, the petitioner gave a complaint to the first respondent on 20.03.2010. 5.Thereafter, the petitioner also filed Crl.O.P.(MD) NO.13911/2011. But it was closed on the ground that a civil suit is pending. 6.It appears that the suit for partition filed by the contesting respondents was dismissed for non prosecution. Thereafter the petitioner has come up with the above writ petition seeking the above prayer. 7.The facts narrated about would show that the parties have civil suits pending in civil Courts. Therefore, the parties should settle their differences only in the civil Court. Neither the petitioner nor the respondents 3 to 5 are entitled to take the assistance of police to settle the dispute. The respondents 1 and 2 should also remember that they should allow the civil court to adjudicate the rights of the parties finally. 8.Therefore, leaving it open to the petitioner to seek an injunction in her own suit against respondents 3 to 5, this writ petition is dismissed. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Sub Inspector of Police, Devakottai Police Station, Devakottai, Sivagangai District. +1CC to The Special Government Pleader. SR.No.41628. RP/12.12.2011/2P/4C. W.P.(MD)NO.13510 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/