This writ petition sought a direction restraining police officers from interfering in a civil land dispute by conducting an inquiry into allegations of forgery and cheating. The bench held that police have a statutory obligation to inquire into cognizable offences and dismissed the petition as the relief sought cannot be granted.
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.
W.P.(MD).No.14231 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2022 CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.14231 of 2009 and
M.P.(MD).No.1 of 2009
Vanitha ... Petitioner
Vs.
1.The Inspector General of Police, South Zone, Madurai.
2.The Superintendent of Police (Rural), Tirunelveli District.
3.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.
4.The Inspector of Police, Panagudi Police Station, Radhapuram Taluk, Tirunelveli District.
5.The Sub Inspector of Police, Panagudi Police Station, Radhapuram Taluk, Tirunelveli District.
6.Sivaraja Pillai, The Inspector of Police, Panagudi Police Station, Radhapuram Taluk, Tirunelveli District.
7.Rathinakumar,
Sub Inspector of Police, Panagudi Police Station, Radhapuram Taluk, Tirunelveli District.
8.Prema Mary Nayagam ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.3 to 7 not to interfere in the civil dispute in the guise of petition enquiry in respect of Survey No.477/1B1A1, Panagudi Village, Radhapuram Taluk, Tirunelveli District. https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).No.14231 of 2009
For Petitioner : M/s.Sivadharshana for Mr.M.P.Senthil
For R-1 to R-5 : Mr.S.Shanmugavel, Additional Government Pleader. For R-6 and R-7 : Dismissed as default. For R-8 : M/s.P.Jessi Jeeva Priya.
ORDER
Mr.S.Shanmugavel, learned Additional Government Pleader, takes notice for respondents 1 to 5 and Mrs.P.Jessi Jeeva Priya, learned counsel, takes notice for the eighth respondent.
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W.P.(MD).No.14231 of 2009
Assistant Registrar (AE)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Lm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Inspector General of Police, South Zone, Madurai.
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W.P.(MD).No.14231 of 2009
W.P.(MD).No.14231 of 2009 20.01.2022
NSN (CO) GC(08.02.2022) 4P 9C
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3 issues framed by the court
Whether the High Court can issue a writ of mandamus to restrain police officers from investigating allegations of forgery and cheating in a civil dispute.
Whether there is a restraint order against police respondents in the discharge of their statutory obligation to enquire into a cognizable offence.
Whether the nature of the relief sought, which is a restraint against investigation, can be granted by this Court.
Vanitha
Inspector General of Police, South Zone, Madurai
Superintendent of Police (Rural), Tirunelveli District
Deputy Superintendent of Police, Valliyoor, Tirunelveli District
Inspector of Police, Panagudi Police Station
Sub Inspector of Police, Panagudi Police Station
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
