Ethenaballi Benji Naidu @ v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.No.2 of 2014 1.Ethenaballi Benji Naidu @ Benjamin Naidu 2.B.Jagathrut ... Petitioners Vs.

1.The District Collector Thiruvallur District Thiruvallur Pin Code - 602 001.

2.The District Registrar, Chengalpet District.

3.The Inspector of Police Land Grabbing Protection Special Team Thiruvallur District.

4.M.S.William Rexbabu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent proceedings in Na.Ka.No.1358/AA1/2013 dated 01.09.2014

and the subsequent notice dated 16.09.2014 issued by the 3rd Respondent in C.No.459/DSP/ALGSC/ TVLR/2014 under Section 160 and 91 of CRPC and to quash the same as illegal and invalid and consequently direct the 3rd Respondent forbearing from taking any inappropriate coercive action against the petitioners.

For Petitioners : Mr.B.Balachander For R1 to R3 : Mr.D.Ravichander Special Government Pleader For R4 : Mr.K.Selvamani

O R D E R

The relief sought for in the present writ petition is to call for the records of the 2nd respondent in proceedings in Na.Ka.No.1358/AA1/2013 dated 01.09.2014 and the subsequent notice dated 16.09.2014 issued by the 3rd Respondent in C.No.459/DSP/ALGSC/ TVLR/2014 under Section 160 and 91 of CRPC and to quash the same as illegal and invalid and consequently direct the 3rd Respondent forbearing from taking any inappropriate coercive action against the petitioners.

2. The writ petition was instituted based on the notice dated 15.09.2014 issued by the SRO, Sriperumbudur to the Superintendent of

Police, Thiruvallur for registering a criminal case with reference to a fraudulent registration of the Document.

3. The learned Counsel for the 4th respondent filed typed set of papers stating that based on the complaint the District Registrar conducted an enquiry under the provisions of the Registration Act and passed final order on 13.04.2022, declaring that the subject document registered is a fraudulent document. Based on the final order passed by the District Registrar, the Sub Registrar filed a Police complaint for prosecuting the offenders. This being the development occurred during the pendency of the writ petition, the relief as such sought for lost its relevance and the parties are at liberty to defend their case in the manner known to law.

4. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 05.06.2023 Jeni Index : Yes Speaking order

To 1.The District Collector Thiruvallur District Thiruvallur Pin Code - 602 001.

2.The District Registrar, Chengalpet District.

3.The Inspector of Police Land Grabbing Protection Special Team Thiruvallur District.

S.M.SUBRAMANIAM, J.

Jeni 05.06.2023