1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.12006 of 2011 and MP(MD)No.1 of 2011 Selvamani ... Petitioner Vs. 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Deputy Superintendent of Police, Oddanchatram, Dindigul District. 3.Mr.Janakiraman, Deputy Superintendent of Police, Oddanchatram, Dindigul District. 4.Dharmaraj 5.Kamatchiammal ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, forbearing the respondents, their men, agents or any one representing on behalf of them from interfering into the peaceful possession and enjoyment of the properties situate in 1. Survey No.322/4A to the extent of 0.78 cents, 2.Survey No.323/2 to the extent of 2 acres and 18 cents, 3.Survey No.323/3 to the extent of 0.38 cents, 4.Survey No.323/4 to the extent of 0.77 cents, 5.Survey No.323/5A to the extent of 0.95 cents, 6.Survey No.323/5B to the extent of 0.12 cents, 7.Survey No.321/1A to the extent of 0.07 cents and 8. Survey No.321/4A to the extent of 0.19 cents situated at Chathirapatti Village Kannivadi Sub Division Dindigul Taluk and Dindigul District and consequently direct the respondents 1 to 3 not to interfere into civil dispute pending between the petitioner and the respondents 4 and 5. For Petitioner : Mr.N.Sathishbabu For Respondents 1-3 : Mr.B.Pugalendhi, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition seeking a Mandamus to forbear the respondents 1 to 3 from interfering into a civil dispute with regard to a land which forms the subject matter of a civil litigation between the petitioner and the respondents 4 and 5. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard Mr.N.Sathish Babu, learned counsel for the petitioner. Mr.B.Pugalendhi, learned Special Government Pleader, takes notice for the respondents 1 and 2. 3.Already a civil suit in O.S.No.28 of 2011 has been filed by the respondents 4 and 5 on the file of the District Munsif Court, Dindigul as against five persons, including the petitioner in this writ petition. The prayer in the suit is for a declaration that the fourth respondent herein is the owner of the suit A and B schedule properties and for a decree of permanent injunction. The respondents 4 and 5 also appear to have given a complaint and the same has been registered in Crime No.54 of 2011. 4.Apprehending arrest on the said complaint in Crime No.54 of 2011, the petitioner sought anticipatory bail in Crl.OP.No.12113 of 2011 on the file of this Court. By an order dated 21.09.2011, this Court ordered the release of the petitioner in the event of his arrest, subject to certain terms and conditions. Therefore, it is clear that the petitioner is also safeguarded from being arrested in pursuance of the criminal complaint lodged by the respondents 4 and 5. 5.Therefore, in such circumstances, no Mandamus of the nature prayed for can be granted in favour of the petitioner for the simple reason that the entitlement of the respondents 1 and 2 to enquire into the first information report is not under challenge. Once that is not under challenge, any Mandamus directing the respondents 1 and 2 not to interfere in a civil dispute would naturally tantamount to prohibiting them from conducting an enquiry and discharging the statutory duties imposed upon them under the Code of Criminal Procedure. Therefore, the writ petition cannot be entertained. It is open to the petitioner to seek appropriate remedies before the Civil Court where the suit is pending. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Deputy Superintendent of Police, Oddanchatram, Dindigul District. + 1 cc to Mr.N.Sathish Babu, Advocate, SR No.26520 Writ Petition(MD)No.12006 of 2011 and MP(MD)No.1 of 2011 20.10.2011 Sms RJ/4.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/