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Madras High CourtWP/14511/2012disposed of

Tmt. Chandira, v. The Revenue Divisional Officer

2021-07-08Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN WRIT PETITION NO. 14511 OF 2012 Chandira .. Petitioner

Versus

The Revenue Divisional Officer cum-Judicial Magistrate Tindivanam Taluk Villupuram District.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pass an order in the petition given by the petitioner to the respondent under Section 145 of the Criminal Procedure Code, expeditiously.

For Petitioner :

Mr. P. Vijendran For Respondent :

Mr. G. Krishnaraja Government Advocate

ORDER

The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondent to pass order in the petition filed by her under Section 145 of the Criminal Procedure Code, expeditiously.

2.

According to the petitioner, one Dasarathan and Anbarasan have executed settlement deeds in respect of her land in favour of their sons illegally on 21.07.2010 without her knowledge. Though the petitioner has lodged a complaint to the Police, they have not taken any action in the said complaint. Therefore, the petitioner has filed a petition before the respondent under Section 145 of the Criminal Procedure Code based on which an enquiry was conducted on 27.07.2011. Thereafter, the respondent is expecting the respondent to pass an order, but so far the respondent did not pass any order. Hence, this writ petition.

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3.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 4.

It is stated by the petitioner that on the basis of the petition submitted by her under Section 145 of the Code of Criminal Procedure, an enquiry was conducted by the respondent on 27.07.2011, however, no order has been passed so far. The learned Government Advocate is not in a position to submit as to whether an order has been passed by the respondent or not. Having regard to the above facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court directs the respondent to pass appropriate orders on the petition filed by the petitioner under Section 145 of the Code of Criminal Procedure on merits and in accordance with law, if not already passed, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5.

Accordingly, this writ petition stands disposed of. No costs.

s/d Assistant Registrar(CS IV) True Copy Sub-Assistant Registrar kj/rsh To The Revenue Divisional Officercum-Judicial Magistrate Tindivanam Taluk Villupuram District.

+1cc to M/S.P.Vijendran, Advocate, SR.No.31936 +1cc to Government Pleader, SR.No.32609 WP No. 14511 of 2012 KSM(CO) PM(07/09/2021) https://hcservices.ecourts.gov.in/hcservices/