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2008 Supreme(Mad) 2768

K.KANNAN, P.K.MISRA
N. Ganapathy & Others – Appellant
Versus
The Director General of Police, Office of the Director General of Police & Others – Respondent


Advocates Appeared:
For the Petitioners:G. Rajagopal, Senior Counsel, S.A. Hafiz, Advocate.
For the Respondents:R1 & R2, K. Elango, R9, M.A.L. Somayaji, S. Kadarkarai, R3, Vijay Narayanan, Senior Counsel, R. Parthiban, Advocate.

Judgment :-

K. Kannan, J

Heard Mr.G.Rajagopal, learned Senior counsel appearing for the petitioners, Mr.K.Elango, Special Government Pleader for respondents 1 & 2, Mr.Vijaya Narayanan, learned Senior counsel for respondent No.3 and Mr.A.L.Somayaji, learned Senior Counsel for respondents 4 to 9.

The relief claimed and controversy stated:

2. The writ petition has been filed seeking for a direction to the respondents 1 and 2 to hold an enquiry and take appropriate action against the third respondent for alleged abuse of official power as well as against respondents 4 to 6 for holding Kattapanchayat in Police station and forcibly obtaining cheques and other documents from the petitioners. The writ petition contains a further relief by way of direction to respondents 3 to 9 to return the cheques and settlement letters to the petitioners.

3. The issue in this case is as to the nature of action that could be directed against the police if it indulges in arm twisting tactics in settlement of the purely private civil dispute.

Summary of facts:

(i) Petitioners version:

4. The facts narrated in the affidavit are to the effect that the petitioners were partners of the firm dealing in real es


























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