1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.8194 of 2011 1. Palanikanth 2. Karuppiah 3. Periyasamy ... Petitioners Vs. 1. The District Superintendent of Police, Ramanathapuram District, Ramathapuram. 2. The Sub Inspector of Police, Parthibanoor Police Station, Parthibanoor. 3. M.Murugesan ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 and not to interfere in the dispute which is civil in nature between the first petitioner and third respondent in respect of the first petitioner's land in S.No. 249/2, in an extent of 1 Acre 8 Cents, Mela Parthiabnoor Village, Paramakudi Taluk, Ramanathapuram District. For Petitioners : Mr.J.John For RR 1 & 2 : Mr.P.Kannithevan Govt. Advocate (Crl. Side) For R3 : Mr.D.Senthil O R D E R This Criminal Original Petition has been filed to direct the respondents 1 and 2 and not to interfere in the dispute which is civil in nature between the first petitioner and third respondent in respect of the first petitioner's land in S.No. 249/2, in an extent of 1 Acre 8 Cents, Mela Parthiabnoor Village, Paramakudi Taluk, Ramanathapuram District. 2. Heard Mr.J.John, learned counsel appearing for the petitioners and also Mr.P.Kannithevan, learned Government Advocate (Criminal side) appearing for the respondents 1 and 2. 3. The main grievance of the petitioners is that without any valid reason, the respondent police are harassing the petitioners. 4. According to the submission of the learned Government Advocate (Crl. Side), there is no complaint received against the petitioners nor any enquiry needed against the petitioners and therefore, there is no harassment. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submission made by the learned Government Advocate (Crl. Side), even if any complaint has been filed, the petitioners shall not be harassed and enquiry shall be conducted by following procedure contemplated under D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and the respondents shall not interfere in civil dispute relating to the property of any one of the rival parties and relating to properties concerned, the civil Court is the competent forum and if any cognizable offence is found made out, then, the interference of the police is warranted. The parties should approach only the Civil Court regarding civil dispute. 6. The Criminal Original Petition is disposed of, recording the submission made by the learned Government Advocate (Crl. Side). Sd/- Deputy Registrar (Accounts) / True Copy / Assistant Registrar To 1. The District Superintendent of Police, Ramanathapuram District, Ramathapuram. 2. The Sub Inspector of Police, Parthibanoor Police Station, Parthibanoor. 3. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. +1CC TO MR.D.SENTHIL, ADVOCATE SR : 39600 Vsg SR : 28.11.2011 : 2p/5c Crl.O.P.(MD).No.8194 of 2011 14.11.2011 https://hcservices.ecourts.gov.in/hcservices/