1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.9264 of 2011 and M.P.(MD)No.1 of 2011 The Dhaya Cyber Park Private Ltd., N.25, Sathya Sayee Nagar, Madurai 625 003, Represented by its Authorised Representative Mr.R.Manikandan : Petitioner vs. 1.The Director General of Police, Chennai-600 004. 2.The Commissioner of Police, Madurai City, Madurai. 3.The Superintendent of Police, Madurai District, Madurai. 4.The Additional Superintendent of Police, District Crime Branch, Madurai. 5.The Inspector of Police, Othakadai Police Station, Madurai. : Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the respondents herein, their subordinates and officials from in any manner interfering with the petitioner-company, its Directors and properties in R.S.No.74/1 admeasuring 3 acres 18 cents of Nanja land and R.S.No.75/1A admeasuring 77 cents of Nanja land covered by patta No.228, pursuant to the execution of Sale Deeds registered Doc.No.820/2010 dated 5.3.2010 and Doc.No.993/2010 dated 15.3.2010 in favour of the petitioner-company during the pendency of A.S.No.65 of 2009 and A.S.No.15 of 2010 on the file of this Court. For Petitioner : Mr.Veera Kathiravan For Respondents : Mr.R.Karthikeyan, Additional Government Pleader. https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus, to forbear the respondents from interfering with the rights of the petitioner over a piece of land. 2. Heard Mr.Veera Kathiravan, learned counsel for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader for respondents. 3. The third respondent has filed a counter affidavit. Paragraphs 3 to 7 of the counter affidavit read as follows:- "3. I submit that we have perused records in this transaction and enquiry reveals that the dispute is purely civil and does not reveal any criminal offence. Hence the same has been filed. 4. I submit that since a petition was given by the petitioner, enquiry was conducted to verify the complaint. I submit that the claim of the petitioner that the respondents are initiating criminal cases and investigating the same is nothing but a creation of their own mind. Similarly, the claim of the petitioner that the respondents are harassing them and maligning their name in the Society by using the media to propagate false news articles is totally false. The affidavit submitted before this Hon'ble Court by me stands testimony to the fact that Madurai District Police has no intention to interfere in a civil suit and to initiate false criminal cases against the petitioners. 5. I submit that the contention of the petitioner that the respondents 2 to 5 are frequently visiting their properties is also a white lie and there is no need for us to go and visit the properties of the petitioner. If at all a criminal case has to be registered, it can be registered even without visiting the said properties of the petitioner. 6. I submit that the enquiry made and the affidavit submitted by me speaks clearly about the impartial functioning of Madurai Police in handling land disputes irrespective of political parties concerned. 7. I submit that the petitioner is indulging in abuse of legal procedures, hence this Hon'ble Court may admonish this petitioner for filing a frivolous and false writ petition. It is also humbly prayed that this Hon'ble Court may be pleased to dismiss the writ petition filed by the petitioner." 4. In view of the statement made in paragraph-3 of the counter affidavit, no further orders are necessary in this writ petition and https://hcservices.ecourts.gov.in/hcservices/ 3 hence it is closed. No costs. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Director General of Police, Chennai-600 004. 2.The Commissioner of Police, Madurai City, Madurai. 3.The Superintendent of Police, Madurai District, Madurai. 4.The Additional Superintendent of Police, District Crime Branch, Madurai. 5.The Inspector of Police, Othakadai Police Station, Madurai. +1cc to the Special Govt.Pleader, Sr.No.44336 svn ssk/03.01.2012 /7c-3p/- W.P.(MD)No.9264 of 2011 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/