Madras High CourtWA(MD)/824/2017dismissed

Manickam v. The District Revenue

2017-06-28Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].No.824 of 2017 Manickam : Appellant/Petitioner Vs.

Kuliithalai, Karur District.

3.Velmurugan 4.Periyasamy : Respondents/Respondents PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent praying to set aside the order, dated 07.06.2017 made in W.P.(MD) No.10514 of 2017.

Prayer in WP(MD). 10514/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the 1st Respondent to initiate proceedings under section 145 of Cr.P.C against the Respondents 3 and 4 and their henchman and to pass such further or other orders as this Honble High Court.

For Appellant : Mr.R.Murugappan For R1 and R2 : Mr.V.Muruganantham Additional Government Pleader

JUDGMENT

************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.R.Murugappan, learned counsel appearing for the appellant and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 and 2. Notice to the respondents 3 and 4 is dispensed with.

2.By consent of both sides, this writ appeal itself is taken up for final disposal.

3.The appellant/writ petitioner is aggrieved by the order passed in W.P(MD)No.10514 of 2017 filed by him wherein, he sought a direction upon the first respondent to initiate proceedings under Section 145 of Cr.P.C. The learned Single Bench, in our view, rightly held that the Court cannot issue the writ of mandamus to direct the Executive Magistrate to arrive at a subjective satisfaction and initiate Section 145 Cr.P.C., proceedings. Further, the dispute appears to be a private dispute between the petitioner and the respondents 3 & 4. Thus, there is no error in the order passed by the writ Court. Accordingly, the writ appeal is fails and dismissed.

Sd/- Assistant Registrar(Writ) /True Copy/ Sub Assistant Registrar To Kulithalai, Karur District.

+1cc to Mr.R.Murugappan Advocate in SR. No.62491 +1cc to The Special Government Pleader in SR. No.62721 AM/IS JS/MR/KKR/SAR.3/6.7.2017/2P-5C

T.S.SIVAGNANAM, J.

AND P.VELMURUGAN, J.

am/ls To Kuliithalai, Karur District.

JUDGMENT MADE IN W.A.[MD].No.824 of 2017 28.06.2017