Chidambaram.Rm vs The Assistant Commissioner Of ...
2023 Latest Caselaw 6987 Mad

                                                                         W.P.(MD)No.15089 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 23.06.2023

                                                     CORAM

                                  THE HON'BLE MR.JUSTICE G.ILANGOVAN

                                             W.P.(MD) No.15089 of 2023


                     Chidambaram.RM                                       ... Petitioner

                                                        Vs.


                     1.The Assistant Commissioner of Police,
                       Anti Land Grabbing Cell,
                       Madurai City.

                     2.Ramanathan.V.L                                      ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorari, calling for the
                     records relating to the impugned summons dated 21.06.2023 issued by
                     the 1st respondent under section 90 and 160 of the Code of Criminal
                     Procedure, to the petitioner herein and quash the same.

                                    For Petitioner      : Mr.V.R.Shanmuganathan

                                    For R1              : Mr.B.Nambiselvan
                                                          Additional Public Prosecutor




                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD)No.15089 of 2023

                                                            ORDER

This writ petitioner filed this Writ Petition seeking for issuance of

a Writ of Certiorari, calling for the records relating to the impugned

summons dated 21.06.2023 issued by the 1st respondent under section 90

and 160 of the Code of Criminal Procedure, to the petitioner herein and

quash the same.

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

learned Additional Public Prosecutor appearing for the 1st respondent.

3. The learned counsel for the petitioner would submit that by

virtue of the judgment of honourable Supreme Court in Civil Appeal

Nos.1580-1608 of 2022 in G.O.(Ms). No.423 dated 28.07.2011

establishing Special Cells for Land Grabbing, the matter has been

quashed.

3. The summon has been issued to the petitioner dated 21.06.2023.

Subsequent to the above said judgment, it is per se illegal. The above

said case must be transferred to some other agency and for that purpose,

https://www.mhc.tn.gov.in/judis W.P.(MD)No.15089 of 2023

the Government has to take action. Since the above said has been

abolished, nothing survives for them to issue any such summons. On that

sole ground, the above said summon is quashed. Let the learned

Additional Public Prosecutor be informed to the Government about the

development.

4. With the above direction, this writ petition stands dismissed.

No costs.

                                                                                 23.06.2023
                     NCC                :     Yes / No
                     Index              :     Yes / No
                     Internet           :     Yes / No

                     Indu




                     To

1.The Assistant Commissioner of Police, Anti Land Grabbing Cell, Madurai City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.15089 of 2023

G.ILANGOVAN,J.

Indu

Order made in W.P.(MD)No.15089 of 2023

Dated:23.06.2023

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