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Madras High CourtCRL OP(MD)/5070/2023disposed of

Mahalakshmi v. The District Collector

2023-03-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Mahalakshmi

...Petitioner/Petitioner/

Petitioner/3rd Party Vs.

1.The District Collector, Dindigul District.

2.The Assistant Director, Department of Geology and Mining, Dindigul.

3.The Revenue Divisional Officer, Palani, Dindigul District.

4.The Tahsildar, Vedasandur, Dindigul District.

5.The State through The Inspector of Police, Vadamadurai Police Station, Dindigul District.

(Crime No.452 of 2021)

6. M/s.Shriram Transport Finance Co. Ltd., Dindigul Main Branch, Dindigul.

...Respondents/Respondents/

Respondents/Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and SET ASIDE the unnumbered docket order dated 18.02.2023 passed by the Learned Principal District and Sessions Judge, Dindigul, in unnumbered Crl.M.P.No. of 2023 in Crl.M.P.No.1257 of 2022 in Crime No.452 of 2021 on the file of the 5th respondent and direct the Learned Principal District and Sessions Judge, Dindigul to take on file the application and dispose the same in accordance with law.

For Petitioner : Mr.Lenin Kumar.T For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records and set aside the unnumbered docket order dated 18.02.2023 passed by the learned Principal District and Sessions Judge, Dindigul, in unnumbered Crl.M.P.No. of 2023 in Crl.M.P.No.1257 of 2022 in Crime No.452 of 2021 on the file of the 5th respondent and direct the Learned Principal District and Sessions Judge, Dindigul to take on file the application and dispose the same in accordance with law.

2/4

2. Now the grievances of the petitioner is that he has filed the above said petition seeking extension of time to comply the condition imposed upon the petitioner, but that petition was returned stating that it was not filed in time.

3. The maintainability should not be decided on the administrative's side without even numbering the petition. It must be taken on the judicial side and also opportunity must be given to the petitioner. On the sole ground, the above said order is set aside.

4. Let the above said returned petition be represented before the learned Principal District and Sessions Judge, Dindigul. The learned Principal District and Sessions Judge, Dindigul, may process the above said petition and dispose of the same on its own mertis.

5. With the above said directions, this Criminal Original Petition is disposed of.

17.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To

1. The Principal District and Sessions Court, Dindigul

2. The District Collector, Dindigul District.

2.The Assistant Director, Department of Geology and Mining, Dindigul.

3.The Revenue Divisional Officer, Palani, Dindigul District.

4.The Tahsildar, Vedasandur, Dindigul District.

5.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Dated: 17.03.2023 4/4