Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)NO.1246 OF 2014 and M.P(MD)Nos.1 and 2 of 2014 Ganesan, President, Uchini Mahaliamman and Mariamman Temple, Thangachi Madam, Rameswaram, Ramanathapuram District.

:Appellant/Petitioner .vs.

1. The District Collector,

2. The Revenue Divisional Officer

3. The Inspector of Police, Thangachimadam Police Station, Rameswaram.

4.Manickam.

: Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act praying this Court to set aside the order passed by this Court in W.P(MD)No.11276 of 2014, dated 21.8.2014 and to quash the proceedings of the second respondent in Na.Ka.No.Aa4/2200/2014, dated 26.3.2014.

Prayer in WP(MD)No. 11276 of 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records of 2nd respondent in Na.Ka.A4/2200/2014 dated 26.03.2014 and quash the same as illegal and pass such other order the Honourable Court may deem fit.

For Appellant :Mr.S.Muthukrishnan For Respondents :Mr.C.M.Mari Chelliah Prabu 1 to 3 Addl.Govt.Pleader For Respondent-4 :Mr.K.Sudalaiyandi

JUDGMENT

************* [Judgment of the Court was made by K.RAVICHANDRABAABU,J.] This Writ Appeal is directed against the order passed in W.P (MD)No.11276 of 2014, dated 21.08.2014.

2.The appellant herein is the Writ Petitioner. The Writ Petition was filed challenging the proceedings, dated 26.03.2014 issued by the Revenue Divisional Officer, Ramanathapuram, which is nothing but a notice issued under Section 145 of Criminal Procedure Code. The Writ Court disposed the Writ Petition on 21.08.2014 with a direction to the said Official to finalize the proceedings after hearing both the parties and pass reasoned orders on merits and in accordance with law, within a period of two weeks. Not being satisfied with the said order, the Writ Petitioner filed the present Writ Appeal.

3.Heard Mr.S.Muthukrishnan, learned counsel for the appellant and the learned counsels appearing for the respondents and perused the materials placed before us.

4.There is no dispute to the fact that the impugned proceedings issued by the Revenue Divisional Officer, Ramanathapuram was the one under Section 145 of Criminal Procedure Code and therefore, the life of such proceedings remain only for six months.

5.Considering the above-stated facts and also the fact that this Writ Appeal was entertained only on the submissions made by the learned counsel for the appellant at that point of time, that there is a likelihood of settlement between the parties, We do not think that anything survives now, after a period of four years to adjudicate the matter on merits. Therefore, without expressing any view on the merits and contentions raised by both parties, this Writ Appeal is disposed of as infructuous. No costs. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The District Collector,

2. The Revenue Divisional Officer

3. The Inspector of Police, Thangachimadam Police Station, Rameswaram.

+1cc to Mr.S.Muthukrishnan, Advocate Sr.No.75003 +1cc to Spl.Government Pleader Sr.No.74877 VSN VB/MMS/SAR4/06.08.2018/3P/6C JUDGMENT MADE IN W.A(MD)NO.1246 OF 2014 and M.P(MD)Nos.1 and 2 of 2014 25.07.2018