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Madras High CourtWP/22230/2023disposed of

Saraswathi v. The District Collector

2023-07-27Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.22230 of 2023 Saraswathi

...Petitioner

-Vs1.The District Collector, Vellore District. 2.The Superintendent of Police, Sathuvachari, Vellore - 632 009.

3.The Inspector of Land Grabbing Cell, Sathuvachari, Vellore District - 632 009.

4.Thiru K.Jayapal 5.Thiru N.Radhakrishnan 6.Tmt.N.Indira

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent herein to consider the representation of the petitioner dated 23.03.2023. For Petitioner : Mr.S.Rajkumar For respondents : Mr.A.Damodharan Additional Public Prosecutor for R1 to R3

ORDER

This writ petition has been filed directing the 3rd respondent herein to consider the representation of the petitioner dated 23.03.2023. 2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the official respondents. 3.This petition is not maintainable, in view of the Order passed by a Division Bench of this Court in G.Prabhakaran v. The Superintendent of Police, Thanjavur reported in (2018) 2 LW Crl 489. The Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench in M. Subramaniam v. S. Janaki reported in (2020) 5 CTC 464, after relying upon Sakiri Vasu Case, has categorically held that the High Court cannot issue any direction for registration of FIR in exercise of its jurisdiction under Section 482 of Cr.P.C.

The Hon'ble Supreme Court held that the informant has to necessarily avail of the alternative remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of Cr.P.C. Liberty is given to the petitioner to workout his remedy as per the directions issued by the Division Bench in the order referred supra.

This Writ Petition is disposed of accordingly. No Costs. 27.07.2023 Index : Yes/No Internet : Yes/No ssr To 1.The District Collector, Vellore District.

2.The Superintendent of Police, Sathuvachari, Vellore - 632 009.

3.The Inspector of Land Grabbing Cell, Sathuvachari, Vellore District - 632 009.

4.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

ssr W.P.No.22230 of 2023 27.07.2023