1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.OP(MD)No.815 of 2011 1.Sembulinga Nadar 2.Pon Kumar 3.Kanithurai :Petitioners -Vs- 1.The State represented by The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Inspector of Police, Panagudi Police Station, Tirunelveli District. :Respondents PRAYER:Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Inspector of Police, Panagudi Police Station, Tirunelveli District, the second respondent herein not to harass the petitioners, their agents and servants by interfering into the petitioners' right and possession over the property situated at survey No. 1943/1A, Perungudi Village, Tirunelveli District pursuant to a complaint lodged by one Mariadasan. For Petitioners:Mr.R.Anand For Respondents:Mr.L.Murugan,Government Advocate(Crl.Side) ORDER This petition has been filed to direct the second respondent herein not to harass the petitioners, their agents and servants by interfering into the petitioners' right and possession over the property situated at survey No. 1943/1A, Perungudi Village, Tirunelveli District pursuant to a complaint lodged by one Mariadasan. 2.Heard Mr.R.Anand, learned counsel appearing for the petitioners and also Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the respondents. 3.The main grievance of the petitioners is that without any valid reason, the respondent police are harassing the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 2 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. 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 respondent 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 (Writs) / TRUE COPY / Assistant Registrar To: 1. The Superintendent of Police, Tirunelveli District, Tirunelveli. 2. The Inspector of Police, Panagudi Police Station, Tirunelveli District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Vsg RP/02.02.2011/2P/4C. Crl.O.P.(MD).No.815 of 2011 24.01.2011. https://hcservices.ecourts.gov.in/hcservices/