← Library
Madras High CourtWP/32693/2017dismissed

R.Thangavel v. The District Collector

2023-10-04Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.32693 of 2017 and W.M.P. Nos.36009 and 36010 of 2017 R.Thangavel ... Petitioner Vs.

1. The District Collector Salem District Salem - 636 001

2. The District Revenue Officer Salem District Salem - 636 001

3. The Revenue Divisional Officer Collectorate Salem - 636 001

4. The Tahsildar Salem Taluk Salem - 636 001

5. K.Natesan ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandumus directing the respondents 1 to 4 to take suitable action against the 5th respondent, including initiating criminal prosecution as per law, for the serious offences committed by him in forging and fabricating Revenue records and marking the same as evidence in Court with malafide intention, as per the various representations of the petitioners, particularly as per the last representations dated 12.09.2016 and 12.08.2017. 1/5

For Petitioner : Mr.P.Jagadeesan For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 to R4 Mr.J.Ramakrishnan for R5

ORDER

This Writ Petition is filed seeking a writ of Mandumus directing the respondents 1 to 4 to take suitable action against the 5th respondent, including initiating criminal prosecution as per law, for the serious offences committed by him in forging and fabricating the Revenue Records and marking the same as evidence in Court with malafide intention, as per the various representations of the petitioners, particularly as per the last representations dated 12.09.2016 and 12.08.2017.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the 5th respondent and the learned Additional Government Pleader for the respondents 1 to 4 and also perused the records. 2/5

3. The contention of the petitioner is that the 5th respondent who is the private respondent, has forged certain revenue records, namely Adangal, in the suit in O.S.No.960 of 2006 on the file of II Additional District Munsiff Court, Salem, as if it was issued by the revenue authorities and therefore, the petitioner seeks a direction to the respondents 1 to 4 to take suitable action against the 5th respondent, including initiating criminal prosecution as per law.

4. It is seen that subsequently, the said suit was disposed of and appeal has also been disposed of. The said documents are no way connected with the respondents 1 to 4 herein and some 3rd party, namely the 5th respondent has forged the documents as if it was issued by the revenue authorities.

5. Therefore, the writ petition is not maintainable. Accordingly, the writ petition is dismissed. The petitioner is at liberty to work out his remedy in the manner known to law. Consequently connected Miscellaneous Petition is closed. However, there shall be no order as to costs. 04.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Salem District Salem - 636 001

2. The District Revenue Officer Salem District Salem - 636 001

3. The Revenue Divisional Officer Collectorate Salem - 636 001

4. The Tahsildar Salem Taluk Salem - 636 001 4/5

P.VELMURUGAN. J.

ksa-2 04.10.2023 5/5