C.R. TAMILVANAN, PROP: CRT GRANITE PARK 5/157, TEACHERS COLONY NGO COLONY POST, DINDIGUL 624 005 Vs. THE COMMISSIONER OF POLICE SALEM

JUDGEMENT

(1.) This in-house appeal is preferred against the order and Judgment rendered by our learned brother Justice P.N. Prakash, who by his order dated 23.08.2016, dismissed the Writ Petition, observing that since the petitioner has already instituted a Civil Suit in O.S.No.16 of 2016, before the Sub Court, Dindigul, seeking an injunction to restrain the defendant in the Suit from dispossessing him with the JCB, a movable asset in his possession, he should work out the remedies available in that regard.

(2.) W.P.No.29159 of 2016, has been instituted seeking for issuance of a Writ of Mandamus, directing the first respondent Commissioner of Police, Salem, to consider the petitioner's representation dated 12.07.2016, as expeditiously as possible, by passing appropriate orders thereon, by directing the concerned officers working under his administrative control to register F.I.R against (1) Duraisamy, residing at No.3-47, (New No.3-221) KSV Nagar, Salem Town (2) Area Manager, Sriram Equipments Finance Co., Ltd., Theerthamalai Commercial Complex, Salem and (3) Mr. Manivarman, Inspector of Police, Sooramangalam Police Station, Salem Town, for theft and unauthorised removal of the JCB machine, which was in his possession.

(3.) Shorn of all unnecessary details, the controversy centers around the possession, actual or constructive, of a movable asset, an earth moving machine commonly known as JCB machine. The writ petitioner/appellant claims to be the owner of JCB. There were certain disputes between the writ petitioner/appellant on the one hand and Duraisamy, Salem Town (2) Area Manager, Sriram Equipments Finance Co., Ltd., Theerthamalai Commercial Complex, Salem, on the other hand. The petitioner alleges that contrary to the terms of lease agreement, Mr. Duraisamy has not delivered possession of JCB, but, somehow, the Writ Petitioner/Appellant has repossessed the said machine and apprehending a possible dispossession of the said machine forcibly at the instance of Duraisamy and others, mentioned above, he has filed a Suit in O.S.No.16 of 2016, on the file of the Additional Sub Court, Dindigul. He has also moved an Interlocutory Application in I.A.No.21 of 2016, seeking for an ex parte ad-interim injunction. The Court while entertaining the Suit on 06.01.2016, granted an order of status quo till 18.01.2016.