C.Kandhasamy v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.Kandhasamy ... Petitioner Vs.
1. The Superintendent of Police, Coimbatore District.
2. The Inspector of Police, Kovilpalayam, Coimbatore District, Coimbatore.
3.G.Bhaghavan Doss
4. Latha
5. Rajesh
6. Madhan
7. Kishore G Lundh
8. Rekha K Lundh
9. Manigandan
10. Nithyanandham ... Respondents 1/4
PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to consider the representation dated 13.02.2024 to the second respondents and direct the second respondent to conduct enquiry based on my representation dated 13.02.2024 in accordance with law.
For Petitioner : Ms.Haritha For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) for R1 and R2
ORDER
The petition herein is to direct the police to act upon the representation given by the petitioner on 13.02.2024.
2. The perusal of the petition indicates that the petitioner claims around 7 acres 62 cents of land through his ancestors and alleges that certain persons have created documents and tried to put lay out in the said land. The reading of the representation clearly indicates that it is a civil dispute and earlier this petitioner has approached High Court by way of writ petition seeking direction to grant patta and in the said writ petition in W.P.No.9728 of 2023 dated 30.03.2023, this Court had directed the petitioner to approach the Revenue Authorities for issuance 2/4
of patta as per the Tamilnadu Patta Pass Book Rules.
3. The present petition is not maintainable for two reasons, 1) Section 482 of Cr.P.C cannot be invoked without exhausting the other remedy available under the statute and 2) the very nature of complaint itself does not fall within the character of criminal case for the respondent police to investigate. Hence, this Writ Petition is dismissed. No costs.
Vv 12.04.2024 To
1. The Superintendent of Police, Coimbatore District.
2. The Inspector of Police, Kovilpalayam, Coimbatore District, Coimbatore.
3/4
Dr.G.JAYACHANDRAN,J.
Vv 12.04.2024 4/4