Madras High CourtWP(MD)/4993/2024disposed of

Arul Raj v. The Secretary To Government

2024-03-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Arul Raj ... Petitioner Vs.

1.The Secretary to Government, Department of Revenue & Disaster Management, Secretariat, Chennai.

2.The Commissioner of Revenue Department, Commissionerate of Revenue Administration, Ezhilagam, Chepauk, Chennai.

3.The District Collector, Sivagangai District.

4.Maheswaran 5.Naganathan 6.Prakash 7.Sankareswari ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to take action against the respondents 4 to 7 based on the petitioner's complaint dated 24.07.2023 within time frame fixed by this Court.

For Petitioner : Mr.R.Kaushikan For Respondents : Mr.S.Kameswaran Government Advocate for R.1 to R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 3. 2.The petitioner is working as Village Administrative Officer. His grievance is that he was falsely implicated in Crime No.608 of 2017 on the file of Karaikudi North Police Station. It was subsequently charge sheeted and taken on file in C.C.No.1100 of 2022 on the file of Judicial Magistrate, Karaikudi. It was quashed by this Court vide order dated 13.06.2023 in Crl.O.P(MD)No.13877 of 2022. The petitioner now wants action to be taken against the defacto complainant and the other revenue officials.

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3.If according to the petitioner he was maliciously prosecuted, it is always open to the petitioner to file an appropriate suit claiming compensation. This Court will not justified in directing the third respondent or even the second respondent to take action against the private respondents herein.

4.Leaving open the other remedies available to the petitioner, this writ petition is disposed of. There shall be no order as to costs. 04.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Secretary to Government, Department of Revenue & Disaster Management, Secretariat, Chennai.

2.The Commissioner of Revenue Department, Commissionerate of Revenue Administration, Ezhilagam, Chepauk, Chennai.

3.The District Collector, Sivagangai District.

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G.R.SWAMINATHAN, J.

MGA 04.03.2024 4/4