M.Samikannu v. The Executive Magistrate/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.8054 of 2011 M.Samikannu ... Petitioner Vs

1. The Executive Magistrate/Tahsildar, Perambur-Purasailwakkam Taluk, Perambur, Chennai-600 011.

2. The Inspector of Police, G-5, Secretariat Colony, Chennai-600 010.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents to proceed against the petitioner under Section 110 of Criminal Procedure Code without due process of law. For Petitioner: Mr.Durai Vaiyapuri For Respondents: Mr.T.M.Pappiah Spl. Govt. Pleader

O R D E R

The petitioner has come forward with this writ petition, seeking the following relief:- "To issue a Writ of Mandamus, forbearing the respondents to proceed against the petitioner under Section 110 of Criminal Procedure Code without due process of law."

2. This Court is of the considered view that such a blanket prayer cannot be granted by this Court under any circumstances. It is always open to the petitioner to approach appropriate Court in case any infraction is noticed at the instance of the respondents herein of the provisions of the Criminal Procedure Code. In case, the petitioner is aggrieved by any unlawful or illegal action of the respondents, it is open to the petitioner to approach https://hcservices.ecourts.gov.in/hcservices/

appropriate Forum, as he may be advised.

3. Therefore, this Court cannot give such a blanket direction on the basis of mere apprehension. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is dismissed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kal To

1. The Executive Magistrate/Tahsildar, Perambur-Purasailwakkam Taluk, Perambur, Chennai-600 011.

2. The Inspector of Police, G-5, Secretariat Colony, Chennai-600 010.

W.P.No.8054 of 2011 GSP(10/04/2018) https://hcservices.ecourts.gov.in/hcservices/