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Madras High CourtWP/1970/2023disposed of

Kamalakannan v. The District Collector

2023-01-31Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and W.M.P.No.2048 of 2023 Kamalakannan ... Petitioner Vs.

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Sub-Divisional Executive Magistrate cum Revenue Divisional Officer (incharge), Cheyyar, Thiruvannamalai District.

3. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4. The Inspector of Police, Cheyyar Police Station, Cheyyar Circle, Thiruvannamalai District, Thiruvannamalai.

5. Harif Basha 6.Mohammed Ali, Muthavalli 7.Hakkim Basha

8. Jamal

9. Kamal ...Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, calling for the records relating to the impugned notice dated 01.10.2022, Cr.P.C.M.C.139/2022 (A3) issued by the 2nd respondent and quash the same and consequently forbearing the official respondents from lock and seal proceedings against the petitioner. For Petitioner : Mr.J.Arul Prakasam For Respondents (1 to 4) : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to call for the records relating to the impugned notice dated 01.10.2022, Cr.P.C.M.C.139/2022 (A3) issued by the 2nd respondent and quash the same and consequently forbearing the official respondents from lock and seal proceedings against the petitioner. 2.The learned Government Advocate (Crl. Side) submitted that the enquiry in this regard was scheduled on 11.10.2022. However, no enquiry was conducted on 11.10.2022. He further submitted that respondent police have requested the RDO, Cheyyar to conduct enquiry in this regard.

3. Recording the submission made by the learned Government

Advocate (Crl. Side), this Court is of the view that no order is necessary. However, this Writ Petition is disposed of giving direction to the 2nd respondent/ Revenue Divisional Officer, Cheyyar to schedule the enquiry as early as possible for the enquiry under Section 145 of Cr.P.C and dispose the same on merits in accordance with law as early as possible, preferably, within a period of three months from the date of receipt of copy of his order. 31.01.2023 Index :Yes/No Internet:Yes/No Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Sub-Divisional Executive Magistrate cum Revenue Divisional Officer (incharge), Cheyyar, Thiruvannamalai District.

3. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4. The Inspector of Police, Cheyyar Police Station, Cheyyar Circle, Thiruvannamalai District, Thiruvannamalai.

5. The Public Prosecutor, High Court of Madras.

W.P. No.1970 of 2023 31.01.2023