Madras High Court
C.Pauldurai vs The District Collector on 4 January, 2023
2023/MHC/327
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)NO.1526 OF 2022
and
C.M.P(MD)No.12855 of 2022
C.Pauldurai :Appellant/Petitioner
.vs.
1.The District Collector,
Kanyakumari District at Nagercoil.
2.The Revenue Divisional Officer,
Padmanabhapuram,
Kanyakumari District.
3.The Inspector of Police,
Karungal Police Station,
Kanyakumari District.
4.The President,
Paloor Panchayat,
Pootheri,
Kanyakumari District.
5.S.Thanislas : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.23949 of 2022, dated 28.10.2022
https://www.mhc.tn.gov.in/judis
2
For Appellant :Mr.V.Sasikumar
For Respondents :Mr.M.Sarangan
1, 2 and 4
For Respondent-3 :Mr.S.Manikandan
Govt.Advocate(Crl.side)
For Respondent-5 :Mr.J.Bebin Jose
JUDGMENT
*********
[Judgment of the Court was made by D.KRISHNAKUMAR,J.]
The learned counsel for the appellant has filed this Writ Appeal
praying this Court to set aside the order passed by this Court in
W.P(MD)No.23949 of 2022, dated 28.10.2022.
2.Challenge in the Writ Petition is against the order passed by
the third respondent/The Inspector of Police, Karungal Police
Station, Kanyakumari District.The Writ Petition was dismissed on
28.10.2022. Challenging the same, this intra-Court Writ Appeal is
filed before this Court.
3.In the latest decision of the Division Bench of this Court in
W.A.SR.No.44351 of 2020, dated 3.8.2020, it is held that the Writ
Appeal is not maintainable, as against the order made in Writ
Petition(Crl.side) and the said power has to be exercised by the
https://www.mhc.tn.gov.in/judis
Court dealt with the matter under Section 482 of Cr.P.C. In yet
another decision reported in 2018-2 L.W 111 in the case of S.
768 K.N.Pudur Primary Agricultural Cooperative Credit
Society Limited, represented by its President, K.Morur,
Kadaiyampatti Taluk, Salem District .vs. G.Balakrishnan and
others, it is held that when a power conferred under Article 226 is
invoked at the instance of a litigant with regard to any criminal
matter, it is deemed to have been exercised by the Court under
Section 482 of Cr.P.C and hence no intra Court appeal is permissible.
Moreover, in yet another recent decision of the Division Bench of
this Court in Ajay Kumar Bishnoi .vs. The Inspector of Police,
J2,Adayar Police Station, Chennai and others (W.A.No.
2167/2022, dated 12.10.2022), in which, I am one of the party,
has rejected the Writ Appeal on the ground of maintainability stating
the reason as stated supra.
4.In the light of the above decisions, this Court is not inclined
to entertain the above Writ Appeal and the same is liable to be
dismissed and accordingly, the Writ Appeal stands dismissed. It is
open to the Petitioner to take steps to recall the said order or to
approach the competent appellate forum, for necessary relief, in
the manner known to law. Consequently, connected Miscellaneous
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Petition is closed. No costs.
[D.K.K.,J.] [R.V.,J.]
04.01.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
1.The District Collector,
Kanyakumari District at Nagercoil.
2.The Revenue Divisional Officer,
Padmanabhapuram,
Kanyakumari District.
3.The Inspector of Police,
Karungal Police Station,
Kanyakumari District.
4.The President,
Paloor Panchayat,
Pootheri,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1526 OF 2022
and
C.M.P(MD)No.12855 of 2022
04.01.2023
https://www.mhc.tn.gov.in/judis
