Madras High Court
J.Soundara Pandiyan vs The Superintendent Of Police on 8 November, 2021
W.P.No.23856 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2021
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.23856 of 2021
J.Soundara Pandiyan ... Petitioner
Versus
1.The Superintendent of Police,
Anti Land Grabbing Special Cell,
Kallakurichi, Kallakurichi District.
2.The Deputy Superintendent of Police,
Anti Land Grabbing Special Cell,
Ulundurpet, Kallakurichi District.
3.The Inspector of Police,
Anti Land Grabbing Special Cell,
Kallakurichi, Kallakurichi District.
4.R.Thangamani
5.A.Vinayaga Murthy ... Respondents
PRAYER: This Writ petition has been filed under Article 226 of the
Constitution of India to issue a writ of mandamus directing the
respondents 1 to 3 to forthwith register a case on the basis of the
complaint of the petitioner dated 25.08.2020 to investigate and to file a
final report before the competent criminal court within a stipulated
period.
Page No.1 of 4
https://www.mhc.tn.gov.in/judis
W.P.No.23856 of 2021
For Petitioner : Mr.K.Selvaraj
For Respondent : Mr.A.Damodaran
Nos.1 to 3 Additional Public Prosecutor
ORDER
This writ petition has been filed to issue a writ of mandamus
directing the respondents 1 to 3 to forthwith register a case on the basis
of the complaint of the petitioner dated 25.08.2020 to investigate and to
file a final report before the competent criminal court within a stipulated
period.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing on behalf of the respondents 1 to
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
https://www.mhc.tn.gov.in/judis
W.P.No.23856 of 2021
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 Article 226 of the Constitution of India. 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 Petition is disposed of accordingly.
Index: Yes/No
Internet: Yes/No 08.11.2021
sms
To
1.The Superintendent of Police,
Anti Land Grabbing Special Cell,
Kallakurichi, Kallakurichi District.
2.The Deputy Superintendent of Police,
Anti Land Grabbing Special Cell,
Ulundurpet, Kallakurichi District.
https://www.mhc.tn.gov.in/judis
W.P.No.23856 of 2021
M.NIRMAL KUMAR, J.
sms
3.The Inspector of Police,
Anti Land Grabbing Special Cell,
Kallakurichi, Kallakurichi District.
4.The Public Prosecutor,
High Court, Madras.
W.P.No.23856 of 2021
08.11.2021
https://www.mhc.tn.gov.in/judis
