M.Lakshmi v. R.Nalayini
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.01.2026
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA in W.P.No. 29793 of 2013 M.Lakshmi
...Petitioner
Vs.
1.R.Nalayani 2.M.Lakshmi 3.The District Collector Coimbatore District, Coimbatore.
4.Shanmugasundaram
...Respondents
Prayer:
This petition is filed under Article 226 of the Constitution of India, to cause an enquiry under Section 340 of Cr.P.C against the impersonator who have impersonated and filed the above writ petition before this Court in WP.No.29793 of 2013 and obtain the order dated 31.08.2018.
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For Petitioner :
Mr. M.Mathan Raj For Respondents :
Mr. C.Prakasam 1 & 2 For Respondent 3:
Ms. R.L.Karthika Government Advocate For Respondent 4:
Mr. C.R.Prasanan
O R D E R
This petition is nothing but a sheer abuse of process of the Court.
2. The petitioner and her sister, the 1st respondent herein had filed WP.No.29793 of 2013, seeking mandamus directing the 1st respondent therein to issue patta to the writ petitioners in respect of the properties situate in S.Nos.167 & 168, Anupparpalayam Village, as the 1st respondent had already recognised their possession vide order dated 05.09.2013 in his proceeding bearing Na.Ka.42609/2010/B1.
3. The said writ petition was dismissed by orders of this Court dated 31.08.2018. The orders have been passed after hearing the arguments of the learned counsel for the petitioners therein, the learned 2/6
Government Advocate and the learned counsel for the 2nd respondent, private party. After passing of this order, the 2nd petitioner in the writ petition has now filed this petition to conduct enquiry under Section 340 of the Cr.P.C. stating that they had not filed the writ petition and some third persons had impersonated as them.
4. This petition has been filed only by the 2nd petitioner and the 1st petitioner has not joined in this petition. That apart, this petition is filed after a period of 7 years from the date on which the order had been passed in WP.No.29793 of 2013. There is no explanation in the affidavit filed in support of this petition as to why it has taken 7 years for the petitioner to take out this petition. Further, there is no explanation as to why the 1st petitioner in the writ petitioner has not challenged the order passed in WP.No.29793 of 2013 on the ground that some third party has impersonated her.
5. It appears that this petition has been filed only after the direction issued by the Court in the writ petition is sought to be implemented.
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6. Therefore, this petition is not maintainable. Accordingly, this writ miscellaneous petition is dismissed. No costs. 07.01.2026 Index : Yes/No Internet : Yes/No kan 4/6
To The District Collector Coimbatore District, Coimbatore.
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P.T. ASHA, J kan 07.01.2026 6/6