Madras High CourtCRL OP(MD)/18449/2016dismissed

T.Nagarethinam v. The District Collector

2016-12-07Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.18449 of 2016 T.NAGARETHINAM ... Petitioner -Vs1 THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE TAHSILDAR KALKULAM TALUK.

THUCKALAY, KANYAKUMARI DISTRICT.

3 THE SUPERINTENDENT OF POLICE.

KANYAKUMARI DISTRICT, NAGERCOIL.

4 THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to take action based on the complaint of the petitioner under Section 133 of Cr.P.C. dated 01.08.2016 to remove the nuisance situated at New S.No.106/11A 106/8B situated at Kurunthancode Panchayat, Kurunthancode Village, Kalkulam Taluk, Kanyakumari District. For Petitioner : Mr. T. Selva Kumar For Respondent : Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed seeking a direction to the respondents to take action based on the complaint of the petitioner under Section 133 of Cr.P.C. dated 01.08.2016 to remove the nuisance situated at New S.No.106/11A, 106/8B situated at Kurunthancode Panchayat, Kurunthancode Village, Kalkulam Taluk, Kanyakumari District.

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2.Heard both sides.

3.On perusal of the prayer itself, it is seen that even according to the petitioner, he filed a complaint under Section 133 Cr.P.C before the first respondent against the nuisance caused by one Suresh. But in the present petition, the above said Suresh is not included as a party.

4.In view of the above, this petition is dismissed with liberty to the petitioner to file a fresh application by impleading the said Suresh as a party.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1 THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE TAHSILDAR KALKULAM TALUK.

THUCKALAY, KANYAKUMARI DISTRICT.

3 THE SUPERINTENDENT OF POLICE.

KANYAKUMARI DISTRICT, NAGERCOIL.

4 THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

VS TTN/MPA-JK/18.01.2017 : 2P-6C Crl.O.P.(MD) No.18449 of 2016 07.12.2016 https://hcservices.ecourts.gov.in/hcservices/