Saraswathi vs The District Collector
2023 Latest Caselaw 9161 Mad

                                                             1

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 27.07.2023

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                  W.P.No.22230 of 2023

                     Saraswathi                                                      ...Petitioner
                                                          -Vs-

                     1.The District Collector, Vellore District.

                     2.The Superintendent of Police,
                       Sathuvachari, Vellore – 632 009.

                     3.The Inspector of Land Grabbing Cell,
                       Sathuvachari, Vellore District – 632 009.

                     4.Thiru K.Jayapal

                     5.Thiru N.Radhakrishnan

                     6.Tmt.N.Indira                                               ...Respondents


                     Prayer: Writ Petition filed under Article 226 of the Constitution of India

                     for issuance of Writ of Mandamus, directing the 3rd respondent herein to

                     consider the representation of the petitioner dated 23.03.2023.



                                      For Petitioner    : Mr.S.Rajkumar
                                      For respondents   : Mr.A.Damodharan
                                                          Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis                           for R1 to R3
                                                                  2


                                                            ORDER

This writ petition has been filed directing the 3rd respondent herein

to consider the representation of the petitioner dated 23.03.2023.

2.Heard the learned counsel for the petitioner and the learned

Government Advocate appearing on behalf of the official respondents.

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 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.

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

This Writ Petition is disposed of accordingly. No Costs.

27.07.2023

Index : Yes/No Internet : Yes/No ssr

To

1.The District Collector, Vellore District.

2.The Superintendent of Police, Sathuvachari, Vellore – 632 009.

3.The Inspector of Land Grabbing Cell, Sathuvachari, Vellore District – 632 009.

4.The Public Prosecutor, High Court, Madras.

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

N.ANAND VENKATESH, J.

ssr

W.P.No.22230 of 2023

27.07.2023

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