LAWS(MAD)-2020-6-142

B.RAMAMOORTHY Vs. STATE OF TAMILNADU

Decided On June 22, 2020
B.Ramamoorthy Appellant
V/S
STATE OF TAMILNADU Respondents

JUDGEMENT

(1.) This writ petition has been filed to direct the respondents 1 and 2 to consider the petitioners' representation dated 27.07.2018 and conduct enquiry and dispose the same in accordance with law. The second petitioner in the writ petition filed the Criminal original petition to direct the second and third respondents police not to harass him.

(2.) The learned counsel appearing for the petitioners in both cases submitted that the first petitioner was one of the agreement holder in respect of the property situated at Block No.3, Revenue Ward No.1 of Vada, Vellore, comprised in T.S.No.178/3, ad measuring 90 cents, the land comprised in T.S.No.175/3 ad measuring 4.66 acres, the land comprised in T.S.No.158, ad measuring 44 cents, the land comprised in T.S.No.172 ad measuring 34 cents, the land comprised in T.S.No.173 ad measuring 66 cents in total 6 acres and 90 cents along with the fifth respondent and others as per the sale agreement dated 18.10.2010. The petitioners are in continuous possession and enjoyment of the said properties pursuant to the lease agreement dated 09.08.2010 execution by one Sundararajan and others.

(3.) Per contra, the learned State Public Prosecutor appearing for the respondents 1 to 3 in the writ petition submitted that, on the complaint dated 27.07.2018, detailed enquiry was conducted and closed as "All the allegations are civil in nature". Further he submitted that there was a civil suit pending between the parties in O.S.No.603 of 2018, on the file of the Sub Court, Vellore, and the petitioners were advised to sought appropriate remedy before the trial Court. He also submitted that the closure report on the complaint has also been served to the petitioners herein. Therefore, he prayed for dismissal of both the petitions.