P. RAJU Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the third respondent to give necessary police protection to the petitioner's life, liberty, the property covered by four Sale Deeds viz., 2919/2013, 2920/2013, 2921/2013 and 2922/2013, the petitioner's employees, the purchasers of the Plots and consequently, to conduct proper enquiry for the complaint given and take appropriate action as per law.

(2.) The grievance of the petitioner is that on an earlier occasion, the fourth respondent herein worked in his Farm as Coolie. While the petitioner was arranging to purchase 30.31 Acres of property, located at Ghat Road Junction, Genguvarpatty, the fourth respondent's son, who was employed in the Police Department at Theni, stated that his mother and uncle own lands around 14 Acres adjacent to the property, proposed to be purchased by the petitioner and further, he stated that the same can be developed jointly and therefore, a Partnership Deed dated 01.04.2012, was entered into between the fourth respondent and the petitioner. Further, the said Partnership Deed was registered on 06.05.2013 with the Registrar of Firms, Periyakulam. In the Partnership Deed, Arbitration Clause - 20 was extracted. After entering into the Partnership Deed, the petitioner purchased 30.31 Acres in his name, by using his own funds through four registered Sale Deeds viz., 2919/2013, 2920/2013, 2921/2013 and 2922/2013, dated 16.08.2013. Thereafter, during the course of development activities, the petitioner alone spent much money and got D.C.T.P. approval.

(3.) In response to the averments found in this Writ Petition, the fourth respondent filed counter affidavit and submitted that the petitioner is running real estate business in the name and style of P.R.V. Properties from the year 2012, in which, the fourth respondent is also a Partner. The Partnership Firm had purchased properties for the business and sold out the same into Plots as per the Deed. In the said business, the petitioner had not given proper accounts and profit to the fourth respondent. Hence, the fourth respondent had filed a Suit in O.S.No.1 of 2016, before the District Munsif Court, Theni. In the said Suit, the petitioner had filed an application in I.A.No.78 of 2016 for referring the matter to the arbitration. Ultimately, an Arbitrator was appointed and the matter was taken on file as Claim Petition No.145 of 2019 and the same was closed by the Arbitrator on 20.03.2020 on the ground of limitation with the finding that trial in a Civil Court is necessary for determining the right of the parties.