K.Manonmani @ Ambujam vs The District Collector
2023 Latest Caselaw 7754 Mad

                                                                          Writ Petition No.19887 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.07.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Writ Petition No.19887 of 2023

                     K.Manonmani @ Ambujam
                     W/o.Late M.Kumaresan                                     ...Petitioner
                                                           Vs

                     1.The District Collector,
                       O/o.The District Collector,
                       Pettiyan Chathiram,
                       Vazhuthavur,
                       Puducherry - 605 009.

                     2.The Superintendent of Police,
                       O/o.The Superintendent of Police,
                       Orlienpet Police Complex,
                       Puducherry - 605 005.

                     3.The Inspector of Police,
                       Lawspet Police Station,
                       Lawspet, Puducherry - 605 008.

                     4.S.Jagannathan
                       S/o.Sarangapani                                        ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying to direct the respondents 1 to 3 to consider the petitioner's
                     husband's representation dated 21.03.2022 and to direct them to take legal


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https://www.mhc.tn.gov.in/judis
                                                                                 Writ Petition No.19887 of 2023

                     action against the fourth respondent, who acted illegally and to restore the
                     petitioner's land situated at No.32, 1st Cross Street, Bharathi Nagar,
                     Karuvadikuppam, Lawspet, Puducherry - 605 008 from the fourth
                     respondent and pave the way for his livelihood.


                                        For Petitioner     : Mr.R.Kalaiyarasi
                                        For Respondents : Mr.A.Damodaran
                                                          Additional Public Prosecutor [R1 to R3]
                                                           *****

                                                          ORDER

This petition has been filed to direct the respondents 1 to 3 to

consider the petitioner's husband's representation dated 21.03.2022 and take

legal action against the fourth respondent, who acted illegally and to restore

the petitioner's land situated at No.32, 1st Cross Street, Bharathi Nagar,

Karuvadikuppam, Lawspet, Puducherry - 605 008.

2. Heard learned counsel for petitioner and learned Additional Public

Prosecutor appearing on behalf of respondents 1 to 3.

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 Writ Petition No.19887 of 2023

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.

This Criminal Original Petition is disposed of accordingly.

06.07.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Writ Petition No.19887 of 2023

gm

To

1.The District Collector, O/o.The District Collector, Pettiyan Chathiram, Vazhuthavur, Puducherry - 605 009.

2.The Superintendent of Police, O/o.The Superintendent of Police, Orlienpet Police Complex, Puducherry - 605 005.

3.The Inspector of Police, Lawspet Police Station, Lawspet, Puducherry - 605 008.

4.The Public Prosecutor, High Court, Madras.

Writ Petition No.19887 of 2023

06.07.2023

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