1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.11163 of 2011 and M.P.(MD)No.1 of 2011 V.S.D.Ayub Khan ... Petitioner Vs. 1.The Commissioner of Police, Madurai City. 2.Mr.Mohan, Inspector of Police, South Gate Police Station, Madurai City. 3.Mr.Malaichamy, Sub-Inspector, South Gate Police Station, Madurai City. 4.S.Sakunthalai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the second and third respondents from insisting the petitioner to vacate the shop at Door No.175/A3, West Masi Street, Madurai City and consequentially directing them not to harass the petitioner in the name of enquiry. For Petitioner ... M/s.C.M.Arumugam For Respondent 1 ... Mr.T.R.Janarthanam Additional Government Pleader For Respondent 4 ... Mr.Chandrasekar ORDER This writ petition has been filed by the petitioner to issue a Writ of Mandamus forbearing the second and third respondents from insisting the petitioner to vacate the shop at Door https://hcservices.ecourts.gov.in/hcservices/ 2 No.175/A3, West Masi Street, Madurai City and consequentially directing them not to harass the petitioner in the name of enquiry. 2. Heard Mr.C.M.Arumugam, learned Counsel for the petitioner, Mr.T.R.Janarthanam, learned Additional Government Pleader for the first respondent and Mr.Chandrasekar, learned counsel for the fourth respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner states that he is the tenant under the fourth respondent which fact is disputed by the respondents stating that the tenancy is no more in force. Be that as it may, the writ petition has been filed on the ground that based on the complaint given by the fourth respondent, the respondent police are interfering with the business of the petitioner. 5. The learned counsel for the fourth respondent is present and the Sub Inspector of Police is also present before the Court who states that the fourth respondent made a complaint stating that when the fourth respondent lady aged about 70 years approached the petitioner for payment of rent, the petitioner threatened her, and therefore, she sought for police protection. The petitioner is present in Court and states that he has no intention and will not harass the fourth respondent a lady aged about 70 years. He further stated that whatever is the due payable to her, towards rent, will be settled. For this purpose, if required the parties are agreeable to go before the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court. The Sub Inspector of Police states that unless there is a issue with regard to the law and order, he will not interfere with the affairs of the petitioner or the fourth respondent. This statement of the officer is recorded. 6. Recording the statement made by the petitioner, who is present before the Court, that he will not abuse the fourth respondent and will not cause any law and order problem, the Writ Petition is disposed of directing the parties to work out their remedies with regard to the tenancy in the appropriate forum. Insofar as the plea with regard to settlement of the dispute through Mediation and Conciliation Centre is concerned, both parties are directed to appear before the Mediation and Conciliation Centre attached to this Bench on 10.10.2011. Consequently the connected Miscellaneous Petition is closed. No Costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Commissioner of Police, Madurai City. 2.Mr.Mohan, Inspector of Police, South Gate Police Station, Madurai City. 3.Mr.Malaichamy, Sub-Inspector, South Gate Police Station, Madurai City. 4.The Officer-in-Charge/Co-Ordinator, Mediation and Conciliation Centre, Madurai Bench of Madras High Couert, Madurai +One Cc to Mr.C.M.Arumugam, Advocate, SR.No.34296 +One cC to the Spl Govt. Pleader, SR.No.34359 srm rl/7c – 10.10.2011 W.P.(MD)Nos.11163 of 2011 29.09.2011 https://hcservices.ecourts.gov.in/hcservices/