Durai Raja vs The District Collector
2021 Latest Caselaw 986 Mad

                                                                       WP No.737 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 18.01.2021

                                                       CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                  WP No. 737 of 2021


                     Durai Raja                                          ... Petitioner
                                                            vs.


                     1. The District Collector
                        Office of the District Collector,
                        Tiruvannamalai District.

                     2. The Revenue Divisional Officer,
                        The Revenue Divisional Office,
                        Cheiyyar, Tiruvanamalai District.

                     3. The Tahsildar
                        Tahsildar Office,
                        Cheiyyar, Tiruvanamalai District.

                     4. The Inspector of Police,
                        Cheiyyar Police Station,
                        Cheiyyar 604 407,
                        Thiruvanamali District.

                     5. Thangaraj                                      ... Respondents




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https://www.mhc.tn.gov.in/judis/
                                                                                     WP No.737 of 2021



                     Prayer:- Writ petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the fourth respondent to
                     dispose the petitioner representation dated 10.11.2020 in accordance with
                     law.

                                     For Petitioner        : Mr. J.Pavithra

                                     For Respondents       : Mr.C.Raghavan
                                                             Government Advocate (Crl side)

                                                          ORDER

This petition has been filed to direct the fourth respondent Police to

take further action based on the petitioner's representation dated 10.11.2020.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (crl. Side) appearing on behalf of the

respondents.

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

https://www.mhc.tn.gov.in/judis/ WP No.737 of 2021

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) of Cr.P.C., and Section 156 (3) of 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.

4. This Writ Petition is disposed of accordingly. No costs.

18.01.2021

Internet: Yes/No Index: Yes/No speaking order/ Non Speaking order jv

https://www.mhc.tn.gov.in/judis/ WP No.737 of 2021

To

1. The District Collector Office of the District Collector, Tiruvannamalai District.

2. The Revenue Divisional Officer, The Revenue Divisional Office, Cheiyyar, Tiruvanamalai District.

3. The Tahsildar Tahsildar Office, Cheiyyar, Tiruvanamalai District.

4. The Inspector of Police, Cheiyyar Police Station, Cheiyyar 604 407, Thiruvanamali District.

https://www.mhc.tn.gov.in/judis/ WP No.737 of 2021

N.ANAND VENKATESH,J.,

jv

WP No. 737 of 2021

18.01.2021

https://www.mhc.tn.gov.in/judis/