This Court dismissed a writ petition seeking mandamus to restrain police from investigating an alleged dispute. The Court held it cannot use a writ to shield a potential offender, though police powers may recede if the dispute is civil.
The Writ Petition is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
W.P.No.18457 of 2018
A.Karthikeyan
S/o.N.Aravamudan .. Petitioner
Vs
1.The Sub-Inspector of Police,
Cuddalore O.T. Police Station,
Cuddalore – 607 003.
2.The Inspector of Police,
Cuddalore O.T. Police Station,
Cuddalore – 607 003.
3.T.Kandeepan,
S/o.Thirunavukkarasu .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 and 2 from intimidating the petitioner in respect of his dispute with the third respondent.
For Petitioner : Mr.R.Gururaj
For Respondents : Mr.D.Raja, Additional Government Pleader [Writ Criminal]
It appears that there is some dispute between the petitioner and the third respondent and it is alleged by the petitioner that at the instance of third respondent, respondents 1 and 2 are harassing the petitioner. Therefore, the petitioner has filed the present Writ Petition for a mandamus.
Accordingly, the Writ Petition is dismissed. No costs.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
gm
To
1.The Sub-Inspector of Police,
Cuddalore O.T. Police Station,
Cuddalore – 607 003.
2.The Inspector of Police,
Cuddalore O.T. Police Station,
Cuddalore – 607 003.
+1cc to Mr.R.Gururaj, Advocate sr.no.49476
+1cc to Special Government Pleader sr.no.49345
W.P.No.18457 of 2018 svn(co) nr 03/08/2018
1 issue framed by the court
Whether a blanket writ of mandamus should be issued to prevent police from investigating a dispute involving police officers.
A.Karthikeyan
The Sub-Inspector of Police, Cuddalore O.T. Police Station
The Inspector of Police, Cuddalore O.T. Police Station
T.Kandeepan
P.N.Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
