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Madras High CourtWP/27653/2022dismissed

G.Balakrishnan v. The District Collector

2023-11-29Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27653 of 2022 and W.M.P.Nos.26930 & 26932 of 2022 G.Balakrishnan

...Petitioner

-Vs1. The District Collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, St., George Town, Chennai-600 001.

2. The Revenue Divisional Officer, South Madras Division, Guindy, Chennai-600 032.

3. The Thasildar, Sholinganallur Taluk, Sholinganallur, Chennai-600 119.

4. The Inspector of Police, (L&O), J-8, Neelankarai Police Station, Chennai-600 115.

5. A.Kuppan 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned registration of FIR by the 4th Respondent under Crime No.274 of 2022 under section 145 of Cr.P.C. dated 09.07.2022 by the J-8, Neelankarai P.S and its further proceeding before the respondents 1 to 3 and quash the same as illegal and consequentially issue a mandamus forbearing the respondents from in any manner interfering with the peaceful possession and enjoyment of the petitioner construction work of his property situated at Elliamman Koil Street, Neelankarai Village, Sholinganallur Taluk comprised in Survey No.58/1, Patta No.529 as per patta new Survey No.98/11, measuring 1792 Sq.ft., and in Survey No.98/13 measuring 00120. For Petitioner : Mr.M.Thangadurai For Respondents 1 to 4 : Mr.A.Gopinath, Government Advocate (Crl.Side) For Respondent 5 : Mr.P.Paramasivadoss

ORDER

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This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned registration of FIR by the 4th Respondent under Crime No.274 of 2022 under section 145 of Cr.P.C. dated 09.07.2022 by the J-8, Neelankarai P.S and its further proceeding before the respondents 1 to 3 and quash the same as illegal and consequentially issue a mandamus forbearing the respondents from in any manner interfering with the peaceful possession and enjoyment of the petitioner construction work of his property situated at Elliamman Koil Street, Neelankarai Village, Sholinganallur Taluk comprised in Survey No.58/1, Patta No.529 as per patta new Survey No.98/11, measuring 1792 Sq.ft., and in Survey No.98/13 measuring 00120.

2. It is seen that on the complaint lodged by the 5th respondent, already 4th respondent registered FIR in Cr.No.274 of 2022 under section 145 of Cr.P.C. Since there is a land dispute between the petitioner and the 5th respondent. After registration of FIR under section 145 of Cr.P.C, referred before the 2nd respondent for initiation of proceedings under Section 145 of Cr.P.C. Already the 3rd respondent initiated proceedings under section 145 3/6

of Cr.P.C.

3. Therefore, direction sought for in this writ petition cannot be considered. This court finds no merits in this writ petition. Hence, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

29.11.2023 Index : Yes/No Internet: Yes/No gvn To 4/6

1. The District Collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, St., George Town, Chennai-600 001.

2. The Revenue Divisional Officer, South Madras Division, Guindy, Chennai-600 032.

3. The Thasildar, Sholinganallur Taluk, Sholinganallur, Chennai-600 119.

4. The Inspector of Police, (L&O), J-8, Neelankarai Police Station, Chennai-600 115.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN,J.

gvn 5/6

W.P.No.27653 of 2022 and W.M.P.Nos.26930 & 26932 of 2022 29.11.2023 6/6