P. Mohamed Sherif v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.05.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and THE HONOURABLE MS.JUSTICE R.POORNIMA W.A(MD)No.801 of 2026 and CMP(MD)No.6622 of 2026 P.Mohamed Sherif ... Petitioner Vs.
1.The Government of Tamil Nadu Represented by its Secretary Rural Development and Panchayat Raj Department Secretariat, Chennai.
2.The Director Chennai.
3.The Deputy Superintendent of Police 4.The Assistant Director of Village Panchayat Sivagangai District
5.The Inspector 6.Revathi The President of Kazhukerkadai Panchayat (Incharge) Kazhukerkadai Village Thirupuvanam Taluk Sivagangai District.
...Respondents
PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal, against the order dated 01.04.2026 made in W.P(MD)No.24891 of 2024 passed by this Court.
For Petitioner : Mr.J.Anandkumar For Respondents : Mr.R.Gandhiraj - for R1, R4 Special Government Pleader Mr.T.Senthil Kumar - for R3, R5 Additional Public Prosecutor
JUDGMENT
(Judgment of the Court was delivered by D.Bharatha Chakravarthy, J.) This writ appeal is listed under the caption "For maintainability".
2. The maintainability is because the writ petition is criminal in nature. The prayer made in the writ petition is for a mandamus directing the 3rd and 5th respondents in the writ petition, namely the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Sivagangai and the Inspector of Police, Vigilance and Anti-Corruption, Sivagangai to take action on the petitioner's representation dated 01.10.2024.
3. A perusal of the representation dated 01.10.2024, it is addressed to the third respondent in the writ petition. It claims that the President of the Village Panchayat has misappropriated the funds and therefore, request for registering of a case and investigating into the same.
4. The prayer of the petitioner if allowed will only result in registration of a criminal case and the prosecution of the concerned individuals and therefore, there can be no doubt whatsoever that the matter is criminal in nature. It has already been held in detail by this Court that the Court has to consider in pith and substance as to the subject matter in question and thereafter decide the issue.
5. Useful reference in this regard can be made to the judgment of the Division Bench in W.A(MD)SR.No.48660 of 2025 (Ganesan Vs. Franklin Roosevelt and Others). The Division Bench after taking note of the earlier Division Bench judgment in Deepa vs. Vijayalakshmi and Others, whereunder the judgment of the Hon'ble Supreme Court of India in Ram Kishan Fauji vs. State of Haryana and Others (2017 (5) SCC 533) and the other judgments were considered in detail and the issue was considered.
6. By considering the same, since in effect the relief prayed for is relating to criminal prosecution, the intra Court appeal cannot be entertained and accordingly, the writ appeal stands rejected, however, with the liberty to the petitioner to approach the appropriate forum as against the order. No costs. Consequently, connected miscellaneous petition is closed. (D.B.C., J.) (R.P., J.) 20.05.2026 Index : Yes /No NCC : Yes /No rm
To 1.The Government of Tamil Nadu Represented by its Secretary Rural Development and Panchayat Raj Department Secretariat, Chennai.
2.The Director Chennai.
3.The Deputy Superintendent of Police 4.The Assistant Director of Village Panchayat Sivagangai District 5.The Inspector
D.BHARATHA CHAKRAVARTHY , J.
and R.POORNIMA, J.
rm Order made in W.A(MD)No.801 of 2026 and CMP(MD)No.6622 of 2026 20.05.2026