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Madras High CourtWP Crl.(MD)/2494/2025disposed of

Nagarajan v. The District Collector

2025-12-11Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.Crl.(MD).No.2494 of 2025 Nagarajan ... Petitioner Vs

1. The District Collector, Karur District, Karur.

2. The Superintendent of Police, Karur District, Karur.

3. The Assistant Director (Panchayat), Aravakurichi, Karur District.

4. The Block Development Officer, Village Panchayat, Aravakurichi, Karur District.

5. The Panchayat Secretary, Ammapatti Panchayat, Aravakurichi Taluk, Karur District.

6. The Inspector of Police, Aravakurichi Police Station, Aravakurichi, Karur District.

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7. Lakshmi

8. Vasu

9. Vijayalakshmi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 6 to take appropriate action against the respondents 7 to 9 based on the complaint given by the fifth respondent dated 26.11.2025 and representation given by the petitioner dated 01.12.2025.

For Petitioner : Mr.S.Gokulraj For R-1, 3 & 5 : Mr.M.Muthumanikkam Government Advocate For R-2 & R-6 : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) For R-4 : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 to 6 to take appropriate action against the respondents 7 to 9, based on the complaint given by the fifth respondent dated 26.11.2025 and the representation submitted by the petitioner dated 01.12.2025. 2/5

2. The contention of the petitioner is that respondents 7 to 9 have damaged the water pipeline belonging to the local body. It is further contended that though a complaint was registered, the respondents have invoked incorrect Sections, whereas they ought to have invoked Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act.

3. The learned Counsel appearing for the sixth respondent submitted that initially FIR was registered under IPC. Subsequently, an alteration report was filed invoking Sections 447 and 426 of IPC. However, the provisions of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act were not included.

4. In view of the same, the sixth respondent is directed to reconsider the matter and apply their mind, and if necessary, alteration report may be filed in accordance with law. As far as the complaint against the fifth respondent is concerned, the authorities shall assess the damage and consider the same under the provisions of the Tamil Nadu Panchayat Act. If any cost for damage is leviable under the said Act, the same shall be imposed in accordance with law. 3/5

5. With the above directions, this Writ Petition is disposed of. No costs. 11.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No jbr To

1. The District Collector, Karur District, Karur.

2. The Superintendent of Police, Karur District, Karur.

3. The Assistant Director (Panchayat), Aravakurichi, Karur District.

4. The Block Development Officer, Village Panchayat, Aravakurichi, Karur District.

5. The Panchayat Secretary, Ammapatti Panchayat, Aravakurichi Taluk, Karur District.

6. The Inspector of Police, Aravakurichi Police Station, Aravakurichi, Karur District.

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

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S.SRIMATHY , J.

jbr W.P.Crl.(MD).No.2494 of 2025 11.12.2025 5/5