Madras High Court
T.Kayalvizhi vs The District Collector on 22 April, 2021
W.A.(MD)No.892 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.892 of 2021
and
C.M.P.(MD)No.4040 of 2021
T.Kayalvizhi : Appellant
Vs.
1.The District Collector,
Dindigul District,
Dindigul.
2.The Revenue Divisional Officer/
Sub Divisional Magistrate,
Dindigul, Dindigul District.
3.The Superintendent of Police,
Dindigul District, Dindigul.
4.The Thasildar,
Nilakottai Taluk,
Dindigul District.
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W.A.(MD)No.892 of 2021
5.The Inspector of Police,
Batlagundu Police Station,
Dindigul District.
6.N.Vijayakumar
7.S.Naveen Nagendra Sasikumar
8.S.Senthilkumari
9.J.Nithya
10.M.Ganesan
11.G.Sakthivel
12.S.Santhini
13.S.Jeya : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 31.03.2021 in W.P.(MD)No.31 of 2021
on the file of this Court and allow the writ appeal.
For Appellant : Mr.Isaac Mohanlal
Senior Counsel
for M/s.Isaac Chambers
For Respondents 1 to 5 : Mr.K.P.Krishnadass
Special Government Pleader
For Respondent No.6 : Mr.G.Prabhu Rajadurai
For Respondents 7 to 13: Mr.R.Singaravelan
Senior Counsel
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W.A.(MD)No.892 of 2021
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.Heard Mr.Isaac Mohanlal, learned Senior Counsel appearing
for the appellant, Mr.K.P.Krishnadass, learned Special Government
Pleader appearing for the first to fifth respondents, Mr.G.Prabhu
Rajadurai, learned Counsel appearing for the sixth respondent and
Mr.R.Singaravelan, learned Senior Counsel appearing for the respondents
7 to 13.
3.This appeal is directed against the order passed in W.P.
(MD)No.31 of 2021 dated 31.03.2021. In the said writ petition, the
appellant challenged the proceedings of the Revenue Divisional Officer /
Sub-Divisional Magistrate, initiating proceedings under Section 145
Cr.P.C. The learned Writ Court has dismissed the writ petition on the
ground of maintainability, holding that the remedy available to the
appellant is to invoke Section 397 Cr.P.C., and file a Criminal Revision
Case and writ petition is not maintainable.
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W.A.(MD)No.892 of 2021
4.Learned Senior Counsel for the appellant would submit that
there have been several instances where this Court has entertained writ
petitions challenging the orders passed under Section 145 Cr.P.C. as well
as 107 Cr.P.C. and the distinction being that the order is vitiated on
account of lack of jurisdiction and not merely error of jurisdiction. In that
regard, the learned Senior Counsel has referred to several decisions of
this Court.
5.The learned Senior Counsel appearing for the private
respondents as well as the learned Special Government Pleader would
submit that the appellant had already filed Crl.R.C.No.SR9599 of 2021
and sought for dispensing the production of the original order passed by
the Revenue Divisional Officer, which was ordered by the Court on
08.04.2021 and the appellant cannot seek parallel remedies. Further, in
response to the submission made by the learned Senior Counsel who had
placed reliance on a document styled as “th;jj
; khd cld;gof;if” dated
20.09.2019, wherein the learned Senior Counsel for the appellant
submitted that Rs.30 Lakhs have been paid. The response of the learned
Senior Counsel for the respondents is that what was agreed to in the said
document was not adhered to and the supplementary trust deed dated
16.12.2015, cannot be over-done or declared as nullity by an
unregistered“th;jj
; khd cld;gof;if” dated 20.09.2019.
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W.A.(MD)No.892 of 2021
6.In our considered view, all submissions can be canvassed by
the appellant in the pending criminal revision case, which is yet to be
numbered. Therefore, we are of the considered view that the appellant
having chosen to file a criminal revision case, should pursue the matter.
However, the legal issue which has arisen in the matter is left open to be
decided as and when the need arises.
7.Before we part, we make an observation that the parties
should consider that the property or the asset over which the dispute
arises is an educational institution and stated to be a public school. If
this aspect is borne in mind, we are confident that some workable
solution can be arrived at between the parties till the adjudication is
completed in the civil proceedings initiated among themselves.
8.The learned Senior Counsel for the appellant submitted that
the interest of the institution may be safeguarded till the criminal revision
petition is listed for hearing, where the appellant will seek for
appropriate interim orders.
9.Considering the said submission, the status quo, by all the
parties, which is prevailing as on date shall be maintained, without
precipitating any issues and the Registry is directed to number the
criminal revision case and list it before the appropriate bench.
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W.A.(MD)No.892 of 2021
10.With the above observation, the Writ Appeal is closed. .
However, there shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
22.04.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.892 of 2021
To
1.The District Collector,
Dindigul District,
Dindigul.
2.The Revenue Divisional Officer/
Sub Divisional Magistrate,
Dindigul, Dindigul District.
3.The Superintendent of Police,
Dindigul District,
Dindigul.
4.The Thasildar,
Nilakottai Taluk,
Dindigul District.
5.The Inspector of Police,
Batlagundu Police Station,
Dindigul District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.892 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.892 of 2021
22.04.2021
https://www.mhc.tn.gov.in/judis/
