Madras High Court
Shanmugam vs The Revenue Divisional Officer on 14 September, 2022
W.P(MD)No.21463 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.09.2022
CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD).No.21463 of 2022
and
W.M.P.(MD).No.15619 of 2022
Shanmugam ...Petitioner
Vs.
1.The Revenue Divisional Officer,
Kulithalai,
Karur District.
2.The Inspector of Police,
Thogamalai Police Station,
Karur District.
3.Veerasankar
4.Loganathan
5.Chandrasekar ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
Respondents 1 and 2, particularly the second Respondent to initiate
proceedings under Section 145 of Cr.P.C., against the respondents 3 to 5
and their henchmen.
For Petitioner : Mr.R.Murugappan
For 1st Respondent : Mr.K.Christy Theboral
Additional Government Pleader
nd
For 2 Respondent : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21463 of 2022
ORDER
This Writ Petition has been filed seeking to direct the Respondents
1 and 2, particularly the second Respondent to initiate proceedings under
Section 145 of Cr.P.C., against the Respondents 3 to 5 and their
henchmen.
2.The learned Counsel appearing for the Petitioner submitted that
the rival parties had filed a suit in O.S.No.37 of 2019, which was
dismissed by the learned Sub Judge, Kulithalai, on 24.04.2019. Against
which, the appeal has also been filed by the rival parties in A.S.No.44 of
2019 on the file of the District Court, Karur District, Karur, and the same
was also dismissed by judgment dated 11.11.2021. Subsequent to the
dismissal of the appeal in A.S.No.44 of 2019, the rival parties, who are
ranked as Respondents 3 to 5 in this Writ Petition, had been continuously
harassing the Petitioner by interfering with the peaceful possession and
enjoyment of the suit property. Therefore, the Petitioner has filed the
present petition.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21463 of 2022
3.The learned Special Government Pleader and Additional Public
Prosecutor for the Respondents 1 and 2 submitted that since this petition
is filed under Article 226 of Constitution of India, the Petitioner cannot
seek directions to initiate proceedings under Section 145 Cr.P.C.
4.As per Section 145 of Cr.P.C., the proceedings are initiated by
the Executive Magistrate based on the report of the Inspector of Police or
the Sub Inspector of Police regarding the law and order issues without
reference to the merits or the claims of any of the properties. This is not
a case of that nature. Hence, this petition is liable to be dismissed.
5.Recording the submission made by the learned Special
Government Pleader and Additional Public Prosecutor for the
Respondents 1 and 2, this Writ Petition is dismissed as having no merits.
No costs. Consequently, the connected Wrti Miscellaneous Petition is
closed.
14.09.2022
Index :Yes/No
Internet: Yes/No
vsg
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21463 of 2022
To
1.The Revenue Divisional Officer,
Kulithalai,
Karur District.
2.The Inspector of Police,
Thogamalai Police Station,
Karur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21463 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
vsg
W.P(MD).No.21463 of 2022
14.09.2022
https://www.mhc.tn.gov.in/judis
