V.Moorthy v. Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR V.Moorthy Petitioner(s) Vs
1. Revenue Divisional Officer Mohanur Road, Thillaipuram Namakkal District - 637001.
2.Deputy Inspector of Police, Rasipuram Town and Taluk, Namakkal District 637 408.
3.Inspector of Police Rasipuram Town and Taluk, Namakkal District - 637 408.
4.P.Jacklin 5.B.Suresh Kanna 6.M.S.Pazhanivel 7.S.David Padmanaban, 8.S.P.Tuhin Samuel 9.D.Shyla Agnes Respondent(s) 1/7
PRAYER Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus to direct the 1st Respondent to permit the petitioner to attend the peace committee meeting initiated vide proceedings in Na.Ka.No.8875/2025/M.1 Dated 19.09.2025 by the 1st respondent as the properties situated in Survey No.31/1B, 31/2C Ward B, Block 1 old survey No.119/2P and 119/6 Rasipuram Taluk, Namakkal District, based on his representation dated 17.09.2025.
For Petitioner :
For Respondents:
Ms.W.R.Subhashini Mr.R.Vinothraja for R1 to R3 Government Advocate (Crl.Side) Mr.T.Gouthaman, senior counsel for Mr.Anton Dhanasekaran - R4 and R5 Mr.K.Gini Manuel for R7 to R9
ORDER
The Petitioner seeks a direction to the 1 st respondent to permit the petitioner to attend the peace committee meeting initiated vide proceedings in Na.Ka.No.8875/2025/M.1 Dated 19.09.2025 by the 1st respondent, based on his representation dated 17.09.2025.
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2.The main contention of the petitioner in the petition is that the subject property belongs to Church, however, the private respondents are trying to sell the property and therefore, the petitioner also to be included in the peace committee meeting initiated by the 1 st respondent.
3. Heard the learned counsel on either side and perused the documents placed on record.
4. It is relevant to note that already several litigations have came up before this Court, viz., (1) CRP No.4363 of 2024, wherein a direction was sought to set aside the observations / recordings / declarations on A.W.Samuel's title in the order passed by the learned District Judge, Namakkal in A.O.P.No.33 of 2010 and this Court disposed of the same vide order dated 25.06.2025 by indicating that the rights of the parties will be decided only in the civil suits pending before the civil court, (2) Similarly, a Writ Petition Crl.No.727 of 2025 was filed before this Court and this Court, once again, by order dated 03.09.2025, among other things, has fairly recorded in Paragraph nos.4 and 5 and for ready reference, the same is reproduced hereunder:- 3/7
"4. This case has a chequered history. In earlier occasion, when this Court dealt with the revision in CRPNo.4363 of 2024 vide order dated 25.06.2025 had directed that the rights of the parties will be decided only by the civil court in the pending civil suits, therefore, it appears that a complaint has been lodged as if the police are interfering. Based on the clarification issued by this Court in CRP o.4363 of 2024, now, appeal is filed by the respondent in A.S.No.658 of 2025 and thereafter, the present relief is sought by the petitioner. This Court is of the view that the very nature of relief sought by the petitioner would clearly indicate that the parties are somehow or other trying to establish their right through the police machinery and the same cannot be permitted.
5. In view thereof, a blanket direction cannot be issued to the police officials, only if there is any law and order issue and crime is happened, then, the police have got every right to investigate the matter. Such view of the matter, as long as there is no law and order issue, police shall restrain themselves and in the event, there is any law and order issue, it is well open to the police to act as per law." Now, once again, the petitioner has come up with the present petition under Article 226 of Constitution of India for a different relief, as if the petitioner to be heard in peace committee meeting. As a matter of right, such a direction 4/7
cannot be sought before this Court invoking jurisdiction under Article 226 of Constitution of India. Also this Court has already indicated that the rights of the parties shall be decided in the pending civil suit before the civil court. Therefore, filing the present petition is nothing but a clear abuse of process of law.
Hence I do not find any merit in the present petition and the same is dismissed.
06-10-2025 Index:Yes/No; Speaking/Non-speaking order Internet:Yes ssd To 1.Revenue Divisional Officer Mohanur Road, Thillaipuram Namakkal District - 637001.
2.Deputy Inspector of Police, Rasipuram Town and Taluk, Namakkal District 637 408.
3.Inspector of Police Rasipuram Town and Taluk, Namakkal District - 637 408.
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N.SATHISH KUMAR J.
ssd 07.10.2025 6/7
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