1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.4594 of 2011 V.T.Ramakrishnan .... Petitioner Vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.Vijayaragunathan, Assistant Commissioner of Police, Crime Branch, Vilakkuthoon Police Station Upstairs, Madurai-1. 3.B.Rajendran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the 2nd respondent from insisting the petitioner to execute sale deed in favour of the third respondent based on the sale agreement dated 13.09.2007 and consequentially directing him not to harass the petitioner in the name of enquiry. For Petitioner : Mr.C.M.Arumugam For Respondents 1&2 : Mr.K.Balasubramanian, Additional Government Pleader. O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader takes notice on behalf of the respondents 1 and 2. By consent, the writ petition itself is taken up for final disposal at the admission stage. 2.The petitioner has filed this writ petition seeking for Mandamus, forbearing the second respondent from insisting the petitioner to execute sale deed in favour of the third respondent based on the sale agreement, dated 13.09.2007 and consequently directing him not to harass the petitioner in the name of enquiry. 3.The petitioner would contend that there was a sale agreement between the petitioner and third respondent for which he has already executed a power of attorney. The petitioner himself admits that there is a complaint and counter complaint as between the petitioner and the third respondent and his relative. The grievance of the petitioner is that the second respondent in his capacity as Assistant Commissioner of Police should not interfere insofar as relate to the execution of the sale deed, since it is purely a civil dispute. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Learned Additional Government Pleader brought to the notice of this Court that the Assistant Commissioner of Police has been wrongly included by name and he is not interfering with the civil matters and in fact he is only investigating the complaint given by one Kanchana and Kavitha as against the petitioner and others in respect of the sale agreement. Similarly, the petitioner has also given a complaint against the third respondent and his relatives. Therefore, the second respondent is only investigating the criminal complaint lodged by both the parties and he is not in any way interfering or compelling the petitioner to execute the sale deed. He further submitted that this is purely a civil dispute between the petitioner and the third respondent, he has been unnecessarily dragged into the affair. 5.Earlier, the petitioner filed a writ petition in W.P.No.3996 of 2011 for mandamus against the same respondents not to interfere with the civil suit and that was dismissed on 05.04.2011. But his grievance is that he has been called to the police station on 06.04.2011, 08.04.2011 and 12.04.2011 for enquiry. But from the records produced by the learned Additional Government Pleader, it is very clear that there was a complaint pending against the petitioner and he has also given counter complaint against the third respondent and his relatives and therefore, for enquiry purpose in respect of the criminal case, the second respondent is empowered to enquire and call the petitioner and that can never be interfered by the Court. At the same time, the only apprehension of the petitioner is that the second respondent in his official capacity should not compel him to execute the sale deed or settle the matter with his opponents. Learned Additional Government Pleader fairly submits that it is not the endeavour of the second respondent to compel the petitioner to execute any sale deed but he is conducting only investigation on the criminal complaint given by both the parties. 6.Recording the submissions made by the learned Additional Government Pleader and permitting the second respondent who is duly empowered to investigate into the criminal complaint and enquire the petitioner, the writ petition is disposed of. No costs. SD/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Assistant Commissioner of Police, Crime Branch, Vilakkuthoon Police Station Upstairs, Madurai-1. +1 CC TO MR. C.M.ARUMUGAM, ADVOCATE S.R NO. 14253 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 14818 Writ Petition (MD)No.4594 of 2011 20.04.2011 sms PAM 04.05.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/