Madras High Court
Sundaravadivel Servai vs The Superintendent Of Police on 6 December, 2022
W.A(MD)No.257 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No.257 of 2022
and
CMP(MD)No.2443 of 2022
Sundaravadivel Servai ... Appellant
vs.
1. The Superintendent of Police,
Sivagangai District,
Sivagangi.
2. The Inspector of Police,
Kallal Police Station,
Sivagangai District.
3. The Tahsildar,
Karaikudi Taluk Office,
Sivagangai District.
4. Meiyandavar
5. Ulaganathan ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.A(MD)No.257 of 2022
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent,
against the order passed in W.P(MD)No.489 of 2022 dated
10.01.2022.
For Appellant : Mr.T.Mohan for Mr.R.Ponkarthikeyan
For R1 & R2 : Mr.S.Manikandan
Government Advocate(Crl.Side)
For R3 : Mr.Veera Kathiravan
Additional Advocate General assisted by
Mr.K.Balasubramani
Additional Government Pleader
For R4 : Mr.G.Prabhu Rajadurai
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR, J.)
The Writ Appeal is directed against the order made in
W.P(MD)No.489 of 2022 dated 10.01.2022.
2. The Writ Court by order dated 10.01.2022 has passed the
following order:-
''2. This writ petition has been filed for directing the
respondent police to grant police protection for conducting
the petition mentioned Guru Pooja. The writ petition has been
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W.A(MD)No.257 of 2022
filed in the name of Sundaravadivelservai. The learned
counsel appearing for the petitioner took a lunch motion slip
from the Court. That is why, the matter came to be listed
today for admission at 02.15 p.m.
3. When the matter was taken up for hearing, the
learned Additional Public Prosecutor appearing for the official
respondents submitted that Sundaravadivelservai,
S/o.Lakshmanan Servai has given a categorical statement in
writing that he has not signed the affidavit filed in support of
this writ petition and he has not authorised the filing of the
writ petition. Thereupon the petitioner's counsel was
requested to furnish the phone number of
Sundaravadivelservai. The learned counsel Mr.P.Muthusamy
gave the mobile No.9865515353 and a call was made by the
Court Officer and the recipient identified himself as
Sundaravadivelservai and clarified that his signature has been
forged. He confirmed the correctness of Aadhaar Card details
which has been enclosed in page No.6 of the typed set of
papers.
4. It is obvious that some third party has impersonated
the petitioner herein. The third party had obviously access to
the petitioner's personal details. I would not fault the counsel
for the petitioner or even the attesting counsel. They will
figure as witnesses. The person who impersonated the
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W.A(MD)No.257 of 2022
petitioner and the person who accompanied the impersonator
should be prosecuted. One cannot tolerate fraud being played
on the Court.
5. Even while dismissing this writ petition, I direct the
Registrar (Judicial), Madurai Bench of Madras High Court,
Madurai, to lodge a formal complaint before the jurisdictional
police. The jurisdictional police will register a case of forgery
and cheating against the unknown persons and investigate
the matter and unearth the truth as early as possible.
6. This writ petition stands dismissed. No costs.''
3. Assailing the aforesaid observation and direction given by
the Writ Court, the writ petitioner/appellant has filed this appeal.
4. Today, when the writ appeal was taken up for hearing,
learned counsel for the appellant submitted that pending this appeal,
the appellant has moved WMP(MD)No.1522 of 2022 before the Writ
Court to recall the observation and direction given in paragraphs 4 and
5 of the order dated 10.01.2022 made in W.P(MD)No.489 of 2022 and
the Writ Court has allowed the said petition on 11.04.2022. The
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W.A(MD)No.257 of 2022
relevant portion of the said order is as follows:-
''5. Sundaravadivel Servai, petitioner herein is present
in person before me. After going through the contents of the
original affidavit and also the Vakalath filed therein, he
categorically states that the signatures are very much his. I
had given a direction for registering a criminal case only on
the premise that the signatures found in the Vakalath and in
the affidavit in W.P.(MD)No.489 of 2022 are not that of
Sundaravadivel Servai. The signatures attributed to him can
be disowned only by Sundaravadivel Servai and nobody else.
In as much as Sundaravadivel confirms that it was he who
signed the relevant papers as well as in the Vakalath, no
purpose will be served in continuing the impugned
prosecution.
6. In this view of the matter, the direction made in W.P.
(MD) No.489 of 2022 stands recalled. ....''
5. Since the Writ Court has recalled the observation and
directions as stated above, learned counsel for the appellant
submitted that the prayer in this writ appeal has become infructuous.
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W.A(MD)No.257 of 2022
6. Thus, recording the said submission, this Writ Appeal is
dismissed as infructuous. No costs. Consequently, connected
miscellaneous petition is closed.
[D.K.K.,J.] & [R.V.,J.]
06.12.2022
Index : Yes / No
Internet : Yes
bala
To
1. The Superintendent of Police,
Sivagangai District,
Sivagangi.
2. The Inspector of Police,
Kallal Police Station,
Sivagangai District.
3. The Tahsildar,
Karaikudi Taluk Office,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.257 of 2022
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
bala
JUDGMENT MADE IN
W.A(MD)No.257 of 2022
DATED : 06.12.2022
https://www.mhc.tn.gov.in/judis
