Madras High Court
R.Rajakumar vs The Government Of India on 2 February, 2021
W.P.No.2026 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.2026 of 2021
and WMP.No.2296 of 2021
R.Rajakumar,
S/o.T.R.Rajagopal. ... Petitioner
Vs.
1.The Government of India,
Ministry of Home Affairs,
rep. by The Secretary,
New Delhi.
2.The Director,
The Central Bureau of Investigation, (CBI)
New Delhi.
3.The Government of Tamil Nadu,
rep. by The Secretary Local Administration,
Fort St.George,
Chennai 600 009.
4.The District Collector,
Thiruvarur.
5.The Director General of Police,
Chennai 600 004.
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W.P.No.2026 of 2021
6.The Superintendent of Police,
Thiruvarur.
7.The Inspector of Police,
Mannargudi,
Thiruvarur District.
8.The Sub-Inspector of Police,
Thalaiyamangalam P.S.,
Mannargudi TK,
Thiruvarur District.
9.The Block Development Officer,
Mannargudi Tk,
Thiruvarur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
seeking Writ of Mandamus, directing the respondents 1 & 3 herein to
forthwith take appropriate action on the petitions dated 20.07.2020,
25.07.2020 and 31.07.2020 of the petitioner to direct the 2nd respondent
or in the alternative the respondents 5 to 7 herein to register a case
against the said B.Rajendran, Baskaran of Thalamangalam Village,
Mannargudi Taluk and consequently initiate appropriate actions against
the erring officials, the respondents 7,8 and 9 and proceed against them
in accordance with law and consequently direct the respondents 1,3 and 5
herein to extend the benefits of building houses under the Hon'ble Prime
Minister's Housing Scheme 2017-2019 and toilets under the Central
Government's Swach Bharath Scheme, to the actual deserving
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W.P.No.2026 of 2021
beneficiaries of the lower and lower middle class and pass orders.
For Petitioner : Mr.S.Panneerselvam
For RR 5 to 8 : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor.
ORDER
This writ petition has been filed for the issue of Writ of
Mandamus, directing the respondents 1 & 3 herein to forthwith take
appropriate action on the petitions dated 20.07.2020, 25.07.2020 and
31.07.2020 of the petitioner; to direct the 2nd respondent or in the
alternative the respondents 5 to 7 herein to register a case against the said
B.Rajendran, Baskaran of Thalamangalam Village, Mannargudi Taluk
and consequently initiate appropriate actions against the erring officials,
the respondents 7,8 and 9 and proceed against them in accordance with
law and for consequential directions.
2.Heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor, appearing on behalf of the
respondents 5 to 8.
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W.P.No.2026 of 2021
3.This petition is not maintainable, in view of the Order
passed by a Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489.
The Hon'ble Supreme Court in its latest judgment rendered by a three
Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5
CTC 464, after relying upon Sakiri Vasu Case, has categorically held
that the High Court cannot issue any direction for registration of FIR in
exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble
Supreme Court held that the informant has to necessarily avail of the
alternative remedy provided under Section 154(3) Cr.P.C., and Section
156(3)Cr.P.C. Liberty is given to the petitioner to workout his remedy as
per the directions issued by the Division Bench in the order referred
supra.
This Criminal Original Petition is disposed of accordingly.
02.02.2021
Note: Upload order copy by 04.02.2021
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W.P.No.2026 of 2021
To
1.The Secretary,The Government of India,
Ministry of Home Affairs, New Delhi.
2.The Director,The Central Bureau of Investigation, (CBI), New Delhi.
3.The Secretary Local Administration,
The Government of Tamil Nadu,
Fort St.George, Chennai 600 009.
4.The District Collector, Thiruvarur.
5.The Director General of Police, Chennai 600 004.
6.The Superintendent of Police, Thiruvarur.
7.The Inspector of Police, Mannargudi, Thiruvarur District.
8.The Sub-Inspector of Police, Thalaiyamangalam P.S.,
Mannargudi TK, Thiruvarur District.
9.The Block Development Officer,
Mannargudi Tk, Thiruvarur District.
10.The Public Prosecutor, High Court, Madras.
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W.P.No.2026 of 2021
N.ANAND VENKATESH, J.,
rm
W.P.No.2026 of 2021
02.02.2021
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