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Madras High CourtWP(MD)/6272/2015disposed of

T.Neela, W/O Thangapandiyan, v. The State Of Tamil Nnadu,

2015-07-15Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2015 CORAM :

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.6272 of 2015 and M.P(MD)No.1 of 2015 T.Neela ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Secretary, Department of Home, Fort St. George, Chennai - 600 009.

2. The Superintendent of Police, Kanyakumari District at Nagercoil, Kanyakumari District - 629 001.

3. The Inspector of Police, Land Grabbing Wing, Nagercoil, Kanyakumari District 629 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to collect the original FIR from the learned Judicial Magistrate-I, Nagercoil and file the charge sheet before the Special Court at Tirunelveli for Land Grabbing Cases at Tirunelveli and Kanyakumari District.

For Petitioner : Mrs.Hema Sampath, Senior Advocate For Mr.M.Saravanan, Advocate For Respondents : Mr.M.Murugan Government Advocate

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the third respondent to collect the original FIR from the learned Judicial Magistrate-I, Nagercoil and file the charge sheet before the Special Court at Tirunelveli for Land Grabbing Cases at Tirunelveli and Kanyakumari District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. When the matter is taken up for hearing, the learned Government Advocate submits that in view of the Interim Order passed by the Hon'ble Apex Court, the charge sheet will have to be laid before the Special Court for Anti Land Grabbing cases at Tirunelveli.

4. In the counter affidavit filed by the third respondent, it is stated as follows:- "I submit that we are ready to file the Charge Sheet before the Learned Judicial Magistrate No.I or Special Court for Anti Land Grabbing Cases at Tirunelveli as directed by this Honourable Court."

5. In view of the same, a direction is issued to the third respondent to file the charge sheet before the Special Court at Tirunelveli within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, the petition is disposed of with the above directions. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar pmu/gsr To

1. The Secretary, Government of Tamil Nadu, Department of Home, Fort St. George, Chennai - 600 009.

2. The Superintendent of Police, Kanyakumari District at Nagercoil, Kanyakumari District - 629 001.

3. The Inspector of Police, Land Grabbing Wing, Nagercoil, Kanyakumari District 629 001.

4.The Judicial Magistrate NO.I, Nagercoil.

5.The Chief Judicial Magistrate, Kanyakumari District.

6.The Special Judge, Special Court, for Land Grabbing Cases at Tirunelveli and Kanyakumari District.

+1cc to Mr.M.Saravanan, Advocate SR NO.39223 +1cc to Special Government Pleader SR No.39472 W.P(MD)No.6272 of 2015 and M.P(MD)No.1 of 2015 15.07.2015 rg.17.08.2015 3p/9c.