Mrs.Mary Diana Shiny, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2018

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.37317 of 2016 Mrs.Mary Diana Shiny

...Petitioner

Vs 1.The Tahsildar Tambaram, Chennai - 45.

2.M.Martin, Foster, No.4/5, Bharathiyar Street, Santhoshpuram, East Tambaram, Chennai - 600 073.

(R2 impleaded as per order dated 29.10.2018 in W.M.P.No.7613/2018) ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ or order or direction, particularly in the nature of Writ of Mandamus, directing the respondent to interrogate the case in Crime No.825/2014 dated 07.07.2014 U/s.133 of Crpc in detail and precede the case as per the provision of Crpc and other related provision of laws to remove of public Nuisance for the preservation of public safety and maintenance of public order for the same within a time frame.

For Petitioner :Mr.R.Subramanian For Respondent :M/s.A.Srijayanthi, Spl GP

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondent, to interrogate the case in Crime No.825/2014 dated 07.07.2014 U/s.133 of CRPC in detail and precede the case as per the provision of CRPC. 2.It is needless to mention that once a criminal case is registered, the authorities competent are bound to proceed with the case by following the procedures as contemplated under law. https://hcservices.ecourts.gov.in/hcservices/

However, the writ petitioner cannot file a writ petition, seeking a direction, directing the respondent to interrogate the same in Crime No.825/2014. The authorities competent have to conduct the case in the manner prescribed under law and no writ petition can be entertained for the purpose of directing interrogation of the case under Article 226 of the Constitution of India.

3.Thus, the relief as such sought for in the present writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kak To 1.The Tahsildar Tambaram, Chennai - 45.

+1 cc to The Government Pleader, Sr.No.74385 +1 cc to M/s.R.Subramnian, Advocate Sr.No.74423 W.P.No.37317 of 2016 KAN(CO) CSL/19.11.2018 https://hcservices.ecourts.gov.in/hcservices/