Madras High Court
Panneerselvam vs Maheswari ... 1St on 26 February, 2025
Author: J.Nisha Banu
Bench: J. Nisha Banu, S.Srimathy
W.A(MD)SR.No.11924 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 26.02.2025
Coram
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)SR.No.11924 of 2025
in W.P(MD)No.1742 of 2025
Panneerselvam ... Appellant/5th Respondent
Vs.
1.Maheswari ... 1st Respondent/Writ Petitioner
2.The Superintendent of Police,
Pudukkottai District,
Pudukkottai.
3.The Deputy Superintendent of Police,
Aranthangi,
Pudukkottai District.
4.The Inspector of Police,
Aranthangi Police Station,
Pudukkottai District.
5.The Sub Inspector of Police,
Nagudi Police Station,
Pudukkottai District.
6.Muthumanickam ... Respondents 2 to 6/
Respondents 1 to 4 & 6
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1/6
W.A(MD)SR.No.11924 of 2025
Prayer:- Writ Appeal is filed under Clause 15 of the Letters Patent
against the order passed by this Court in W.P(MD)No.1742 of 2025,
dated 23.01.2025.
For Appellant : No appearance
JUDGMENT
(Judgment of the Court was made by J. NISHA BANU, J.)
The matter is listed today under the caption 'for
maintainability'.
2.There is no representation on behalf of the appellant.
3.The said Writ Petition was filed by the first
respondent/writ petitioner for a Mandamus, directing the third
respondent to give adequate police protection for harvesting paddy
planted in the properties bearing Survey No.9/9 to an extent of 79-2/3
cents and Survey No.15/1 to an extent of 95 cents and Survey No.9/2 to
an extent of 35 cents situated at Kudikaadu Village, Avudaiyarkovil
Taluk, Pudukkottai District. The said Writ Petition was disposed of
directing the third respondent to give adequate police protection for
harvesting the paddy cultivated in the subject properties situated at
Kudikaadu Village, Avudaiyarkovil Taluk, Pudukkottai District by order
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dated 23.01.2025. Challenging the order passed in the said Writ Petition,
this intra-Court appeal is filed by the appellant/fifth respondent.
4.Citing the decision reported in 2017 (5) SCC 533 (Ram
Kishan Fauji Vs. State of Haryana), the Registry has raised an objection
as to the maintainability of the Writ Appeal, since it is filed as against the
Writ Petition filed under criminal jurisdiction. The learned counsel has
re-presented the papers with an endorsement that the Writ Petition relates
to civil in nature and no notice served in the Writ Court. Hence, the
matter is listed before this Court.
5.The Division Bench of the Principal Seat reported in
2018-2-L.W. 111 (S.768 K.N.Pudur Primary Agricultural Co-operative
Credit Society Ltd., Rep. by its President Vs. G.Balakrishnan and
others) has categorically held that Clause 15 of Letters Patent does not
provide intra-Court appeal, if the learned Single Judge has exercised the
criminal jurisdiction sitting and hearing the matter under Article 226 of
the Constitution of India and for such orders appeal will lie only before
the Hon'ble Supreme Court. The relevant passage of the said order is
extracted hereunder:-
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“On a plain reading of Letters Patent, it is clear
that no appeal lies against the order passed by the learned
Single Judge in exercise of criminal jurisdiction. 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 Cr.P.C. Hence, no intra-Court appeal is
permissible. Bench hearing matters pertaining to Section
482 Cr.P.C., cannot exercise the jurisdiction under Article
226, whereas the Bench hearing the matters exercising the
extraordinary jurisdiction under Article 226 is empowered
to deal with the issues that may fall under Section 482
Cr.P.C. Appeal will lie to the Supreme Court and not before
the Division Bench of the Court.”
6.The issue as to the maintainability raised in this appeal is no
longer res integra, in view of the aforesaid decision. Therefore, this Writ
Appeal is not maintainable. Accordingly, W.A.(MD)SR.No.11924 of
2025 is rejected. No costs.
[J.N.B.,J.] & [S.S.Y.,J.]
26.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
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To
1.The Superintendent of Police,
Pudukkottai District,
Pudukkottai.
2.The Deputy Superintendent of Police,
Aranthangi,
Pudukkottai District.
3.The Inspector of Police,
Aranthangi Police Station,
Pudukkottai District.
4.The Sub Inspector of Police,
Nagudi Police Station,
Pudukkottai District.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
26.02.2025
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