S.Rajendran v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.Rajendran ... Petitioner Vs 1.
The Secretary to Government, Home Department, Government of Tamilnadu, Fort George, Chennai-600 009.
2.
The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.
3.
The Collector, Coimbatore District, Coimbatore-641 018.
4.
The Director of Vigilance and Anti Corruption, (DVAC) No.293, M.K.N.Road, Alandur, Chennai-600 016. 5.
The Commissioner of Police, Coimbatore City Police, Coimbatore-641 018.
6.
The Revenue Divisional Officer, Coimbatore North, Coimbatore-641 030.
7.
The Sub Registrar Joint I (S) Raja Street, Coimbatore-641 001.
8.
S.C.Venkatesh 9.
Vinay Kumar Jain 1/6
10.
Gobinath 11.
Jegan 12.
Palaniammal 13.
Rajeshwari 14.
Balasubramani 15.
Rangasamy ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the sixth respondent to act upon the petitioner's representation u/s 145 Cr.P.C and 107 Cr.P.C. dated 17.12.2024 to enable the petitioner's peaceful enjoyment of the property situated at Telungupalayam village, Survey field No.411/1A2 assigned with Patta No.370, Town Survey Nos. TS 58/2A and TS 58/2C in view of the Hon'ble Supreme Court Judgement in Rame Gowda (D) by Lrs. & Anr Vs M.Varadappa Naidu (D) by Lrs & Anr.
For Petitioner : Mr.S.Rajendran (P-in-P) For R1, R2, R4 & R5 : Mr.A.Gokulakrishnan Additional Public Prosecutor assisted by Mr.A.K.Sachindhar For R8 : Mr.R.T.L.Chandar
ORDER
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The prayer in the writ petition is for a mandamus directing the sixth respondent, namely the Revenue Divisional Officer, Coimbatore North, Coimbatore, to act upon the petitioner's representation and to initiate proceedings under Section 145 of the Code of Criminal Procedure, 1973, and Section 107 of the Code of Criminal Procedure, 1973, in respect of the enjoyment of the properties situated at Telungupalayam Village, Survey No. 411/1A2, Patta No. 370, and T.S. No. 58/2A and T.S. No. 58/2C, as per the judgment of the Hon'ble Supreme Court of India in Rame Gowda, Deceased by L.Rs. and Another vs. Varadappa Naidu, Deceased by L.Rs. and Others.
2. Heard Mr. Rajendran, the party-in-person appearing in the matter. He submits that the private respondents, namely the respondents 8 to 15, have no right, title, or interest whatsoever in respect of the properties mentioned in the prayer. He is in possession and enjoyment of the property. Every now and then, the respondents 8 to 15 try to interfere with his possession. Besides this, his life is also under threat, and they are threatening to cause physical harm to him. Therefore, he is seeking remedies.
3. The learned counsel takes notice on behalf of the respondent No. 8 3/6
and submits that they are claiming title and possession of the property.
4. Be that as it may, if the individual property rights of the petitioner are being invaded by the respondents 8 to 15 as claimed by the petitioner, the remedy available to him is to approach the appropriate civil Court and seek an order of injunction, including an ad interim injunction for emergent reliefs. For that purpose, the jurisdiction of the sixth respondent cannot be invoked. If any threat is made to the petitioner or any physical harm is attempted, it is open to him to bring the same to the notice of the jurisdictional police, and depending on the merits, the concerned police will register a case and investigate the matter.
5. Keeping the liberties open to the petitioner, the prayer as made in the writ petition cannot be countenanced, and as such, the writ petition is disposed of. No costs.
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1.
The Secretary to Government, Home Department, Government of Tamilnadu, Fort George, Chennai-600 009.
2.
The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.
3.
The Collector, Coimbatore District, Coimbatore-641 018.
4.
The Director of Vigilance and Anti Corruption, (DVAC) No.293, M.K.N.Road, Alandur, Chennai-600 016. 5.
The Commissioner of Police, Coimbatore City Police, Coimbatore-641 018.
6.
The Revenue Divisional Officer, Coimbatore North, Coimbatore-641 030.
7.
The Sub Registrar Joint I (S) Raja Street, Coimbatore-641 001.
8.
The Additional Public Prosecutor, Madras High Court.
D.BHARATHA CHAKRAVARTHY, J.
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