Madras High CourtWP(MD)/22865/2021dismissed

Govindasamy v. The District Collector

2021-12-23Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD).No.22865 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.22865 of 2021 Govindasamy ... Petitioner Vs.

1.The District Collector, O/o. District Collector, Thoothukudi, Thoothukudi District.

2.The Assistant Director, Mines and Minerals Department, Collectorate Campus, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk, Ottapidaram, Thoothukudi District.

4.The Inspector of Police, Ottapidaram Police Station, Thoothukudi, Thoothukudi District.

5.Vijakumar ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to take necessary action against the petitioner's complaint dated 13.12.2021 and to register the FIR against the fifth respondent for he is continuously involving in the sand theft business.

For Petitioner : Mr.S.Arumugam For R1 to R4 : Mr.M.Sakthi Kumar Government Advocate(Crl.)

ORDER

Heard the learned Counsel for the petitioner and learned Government Advocate for respondents 1 to 4. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with.

2.The petitioner alleges that the fifth respondent has committed crimes and that action should be taken against him. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.22865 of 2021 3.The petitioner has an effective remedy under section 156 Cr.P.C. He has to move the jurisdictional Magistrate Court. The question of filing a writ petition does not arise. Leaving open the petitioner's rights and remedies, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) sn Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, O/o. District Collector, Thoothukudi, Thoothukudi District.

2.The Assistant Director, Mines and Minerals Department, Collectorate Campus, Thoothukudi District.

3.The Tahsildar, Ottapidaram Taluk, Ottapidaram, Thoothukudi District.

4.The Inspector of Police, Ottapidaram Police Station, Thoothukudi, Thoothukudi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD).No.22865 of 2021 23.12.2021 MGJ(07.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2