Muthukumar.Kr v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN KR.Muthukumar
...Petitioner
Vs 1.
The State of Tamil Nadu, Represented by its Principal Secretary to Government, (Rural Development and Panchayat Raj Department, Fort St George, Secretariat, Chennai - 600 009.
2.
The Inspector General of Police, South Zone, Race Course Road, Madurai -2.
3.
The District Collector / Inspector of Panchayat, District Collector Office, Sivagangai, 4.
The Superintendent of Police, Sivagangai, 5.
The Deputy Superintendent of Police, Ram Nagar, Devakottai, 6.
The Tahsildar, Taluk Office, Devakottai, Sivagangai District 7.
The Block Development Officer, Block Development Office, Devakottai, Sivagangai District.
8.
The Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.
1/3
9.
The Sub Inspector of Police, Velayuthapattinam Police Station, Velayuthapattinam, Ramasamy .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 3 to accord appropriate necessary prior sanction to the petitioner to prosecute against the 10th respondent herein by filing private complaint under section 197 of Cr.P.C on the basis of petitioner representation dated 20.10.2020 within a stipulated time fixed by this Court.
For Petitioner : Mr.S.Muthukumar For Respondent Nos.1 to 6, 8 & 9 : Mr.A.Thiyagarajan, Government Advocate For Respondent No.7 : Mr.Marichelliah Prabhu, Additional Government Pleader
ORDER
The case of the petitioner is that one Ganapathy was doing sand business illegally and there are several cases against him for sand theft before the Police. According to the petitioner that the said person is politically influential. The said Ganapathy in collusion with the 10th respondent attempted to dig old sand road in the village, where the said person and the petitioner are living by using JCB and the petitioner was informed about the same by the village people. However, before he could reach the said place, entire area was dug by him. Therefore, he made a complaint against the 10th respondent before the respondents 1 to 9 on 20.10.2020, since no action had been taken, the petitioner is before this Court. 2.This Court is unable to appreciate as to how such a writ petition can be filed and maintained.
The affidavit is bereft of any details and it is sketchy and what this Court could make out from the limited averments is that the petitioner has some axe to grind against the 10th respondent and in order to settle his personal scores, he has come up with this motivated litigation. 3.This kind of petition has to be nipped in the bud and ought not to be entertained even for a second. Such writ petitions are intended to achieve a collateral purpose in furtherance of illegitimate design of the petitioner. Hence such attempt must be rejected outright.
2/3
4.For the above said reasons, this writ petition stands dismissed. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To 1.
The Principal Secretary to Government, (Rural Development and Panchayat Raj Department, Fort St George, Secretariat, Chennai - 600 009.
2.
The Inspector General of Police, South Zone, Race Course Road,Madurai -2.
3.
The District Collector / Inspector of Panchayat, District Collector Office, Sivagangai, Sivagangai District.
4.
The Superintendent of Police, Sivagangai,Sivagangai District.
5.
The Deputy Superintendent of Police, Ram Nagar, Devakottai, 6.
The Tahsildar, Taluk Office, Devakottai, Sivagangai District 7.
The Block Development Officer, Block Development Office, Devakottai, Sivagangai District.
8.
The Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.
9.
The Sub Inspector of Police, Velayuthapattinam Police Station, Velayuthapattinam, +1 CC to M/s.SPL GP ( SR-12185[F] dated 18/03/2021 ) 17.03.2021 NSM(CO) TR(31.03.2021) 3P 11C 3/3