T.P. BALAMURUGAN Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) The instant writ petition has been filed for a mandamus to direct respondents 1 & 2 not to interfere with the petitioner's peaceful possession and enjoyment of the shop running in the name and style of "Pondy Bazaar Stores" at No.179B, Velachery Main Road, Selli Nagar, Selaiyur, Chennai - 600 073.

(2.) It is the case of the petitioner that there are disputes with the third respondent who is his brother. It is his case that he has the absolute right to run the aforementioned shop "Pondy Bazaar Stores". According to him, the third respondent's henchman on 14.11.2014 illegally trespassed into his shop "Pondy Bazaar Stores" and attempted to close down the shop by dispossessing him. According to him, he immediately preferred a complaint with the second respondent who acknowledged receipt of the same. According to the petitioner, after receiving the complaint, instead of taking action against the trespassers, the second respondent started to threaten the petitioner to close down the shop. According to the petitioner, without any humanitarian consideration while his wife and children were inside the shop, the Sub- Inspector of Police of the second respondent Police Station Mr.Dhanasekaran closed down his shop and threatened the petitioner that if he opens the shop he would face dire consequences.

(3.) It is also the case of the petitioner that prior to the filing of the writ petition, he has filed a suit O.S.No.232 of 2013 before the District Munsif Court, Tambaram seeking for the relief of permanent injunction restraining the third respondent from interfering with the petitioner's peaceful possession and enjoyment of his shop. It is also his case that subsequently, the third respondent also filed a suit against the petitioner in O.S.No.6603 of 2013 pending on the file of the XIV Assistant City Civil Court, Chennai. It is the case of the petitioner that the third respondent has also illegally induced his other brothers and other Directors of Ponny Retails Private Limited to file a case against him. It is also his case that in respect of the family properties and business, there are number of civil suits are pending. However, he submits that in respect of shop "Pondy Bazaar Stores" at No.179B, Velachery Main Road, Selli Nagar, Selaiyur, Chennai - 600 073, excepting the petitioner no one else has any right in respect of the said shop. In such circumstances, the writ petition has been filed.