S.Aejaz Ahmed v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM S.Aejaz Ahmed

...Petitioner

-Vs1.The District Collector, 2.The District Revenue Officer, 3.The Revenue District Officer, Sub-Collector, Ambur, 4.The Tahsildar, Ambur, Thirupathur District.

5.The District Registrar, Registration Department, 6.The Superintendent of Police, 1/6

7.The Inspector of Police, District Crime Branch, 8.The Inspector of Police, Ambur Town Police Station, 9.The Commissioner, Ambur Municipality, 10.S.Aejaz Ahmed 11.S.Shajitha Goushar

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 5 herein not to harass the petitioner over the false complaints/petitions made by the respondents 10 and 11 herein.

For Petitioner :

Mr.R.Ramesh For R1 to R5 :

Mr.T.Arun Kumar, Additional Government Pleader For R6 to R8 :

Mr.S.Vinoth Kumar, Government Advocate (Crl. Side) 2/6

ORDER

The relief sought for in the present writ petition is to direct the respondents 1 to 5 herein not to harass the petitioner over the false complaints/petitions made by the respondents 10 and 11 herein.

2. Submitting an application or complaint to the competent authority is a basic right of a citizen, which cannot be taken away, nor any such injunction as such sought for in the writ petition can be granted.

3. The prayer sought for in this petition is absolutely misconceived. If at all frequent petitions are filed by the parties, the petitioner has to defend the same in the manner known to law. Contrarily, Court cannot pass an order restraining any citizen from submitting an application/petition/ complaint for the purpose of redressal of grievances. Mere statement by the petitioner that all such complaints are false or frivolous cannot be decided in a writ proceedings under Article 226 of the Constitution of India. Thus, it is for the petitioner to defend his case or to approach the Civil Court of law, if any dispute exists between the parties which is civil in nature. 3/6

4. At this juncture, the learned counsel for the petitioner made a submission that the petitioner is already armed with a decree. In view of the said submission, he is at liberty to initiate further actions in the manner known to law.

5. With the aforesaid liberty, the writ petition stands disposed of. No costs.

21.08.2023 Index:Yes Speaking order hvk To 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue District Officer, Sub-Collector, Ambur, 4/6

4.The Tahsildar, Ambur, Thirupathur District.

5.The District Registrar, Registration Department, 6.The Superintendent of Police, 7.The Inspector of Police, District Crime Branch, 8.The Inspector of Police, Ambur Town Police Station, 9.The Commissioner, Ambur Municipality, 5/6

S.M.SUBRAMANIAM, J.

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