The Madras High Court Bench here has said that police cannot conduct “parallel courts” to resolve disputes between landlords and their tenants when specific statutes had been enacted to seek remedy for such civil issues before competent courts of law.
Justice S. Vimala made the observation while allowing a petition filed by S. Palanichamy seeking a direction to Tirunelveli Superintendent of Police, Sankarankoil Deputy Superintendent of Police and Kuruvikulam Inspector of Police to desist from conducting ‘kangaroo’ court.
The judge pointed out that the petitioner’s landlord had reportedly lodged a police complaint accusing him of creating trouble and not vacating the premises.
Subsequently, the petitioner appeared before the police and assured them of vacating the premises within two months.
Thereafter, he sent a lawyer’s notice stating that the police had no jurisdiction to interfere in the issue since the dispute was purely civil in nature and filed the present petition.
During the course of hearing of the case, it was conceded that the police did obtain an undertaking from the petitioner.
Disapproving the course adopted by the police in a dispute which was purely civil in nature and could be resolved only through court, the judge said: “The rights and liabilities of the landlord and tenant are governed by the provisions of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.
“When the rights and liabilities are governed by a statute over which jurisdiction is vested with the court, it is not for the respondent to conduct a parallel court.”
