1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)No.8309 of 2011 G.V.Nagarajan .. Petitioner Vs. 1.The Assistant Commissioner of Police, O/o.The Assistant Commissioner Police, Anna Nagar Circle, Madurai City, Madurai- 625 020. 2.G.Paramaivam .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the first respondent from interfering or harassing the petitioner in respect of civil dispute pending between the petitioner and the second respondent for adjudication before the I Additional District Judge, Madurai in A.S.No.12 of 2011. For Petitioner : Mr.M.Ponniah For R-1 : Mr.R.Karthikeyan, Addl. Govt. Pleader For R-2 : No Appearance O R D E R ********** The petitioner has come up with the above writ petition seeking a Mandamus to forbear the first respondent from interfering in a civil dispute between him and the second respondent. 2. Heard Mr.M.Ponniah, learned Counsel or the petitioner, Mr.R.Karthikeyan, learned Additional Government Pleader for the first respondent. 3. The second respondent herein filed a suit in O.S.No.73 of 2009 on the file of the III Additional Sub-Court, Madurai praying for a decree of declaration that he is entitled to be in possession of a temple. The petitioner herein was cited as the first defendant in the suit. There were also six other defendants. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The suit was decreed on 31.01.2011. Aggrieved by the decree, the petitioner and defendants 2 and 3 filed a first appeal in A.S.No.12 of 2011 on the file of the I Additional District Judge, Madurai. The said appeal is now pending. 5. It appears that after the success in the civil Court, the second respondent lodged a police complaint, on account of which the petitioner was called for an enquiry. Therefore, the petitioner has come up with the above writ petition. 6. As I have already held in Periyamondi vs. The Inspector of Police in W.P(MD)No.12081 of 2011 decided on 02.11.2011, civil disputes are to be resolved only in civil Courts. The petitioner should have actually sought interim suspension or stay of the decree passed by the trial Court, during the pendency of the first appeal. Once stay is obtained, the police would have nothing to do with the dispute. Otherwise even the second respondent may become entitled to seek execution of the decree. 7. In view of the above, the appropriate remedy open to the petitioner is only to seek appropriate orders from the civil Court. Therefore, leaving it open to the petitioner to approach the civil Court for appropriate relief, this Writ Petition is dismissed. No Costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To The Assistant Commissioner of Police, O/o.The Assistant Commissioner Police, Anna Nagar Circle, Madurai City, Madurai- 625 020. Copy to:- The Ist Additional District Judge, Madurai pm rl/3c – 28.12.2011 W.P.(MD)No.8309 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/