The High Court disposed of a Writ Appeal filed against the dismissal of a writ petition. The Single Judge had refused to direct police registration of an FIR in a civil dispute between private parties. The current Court upheld the dismissal.
Disposed of the Writ Appeal with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.A.No.1322 of 2018
T.Komala ... Appellant/Petitioner
Vs
1. The Home Secretary,
Government of Tamil Nadu,
Secretariat, Chennai-9.
2. The Director General of Police,
Rajaji Salai, Chennai.
3. The Commissioner of Police,
Egmore, Chennai-8.
4. The Assistant Commissioner of Police,
Law and Order,
Kilpauk, Chennai.
5. The Inspector of Police,
Chetput, Chennai-31.
6. M.Mahalingam ... Respondents/Respondents
Prayer :
Writ Appeal filed under Clause 15 of the Letter Patent against the order dated 09.04.2018 made in W.P.No.12175 of 2012 by a learned Single Judge.
W.P.No.12175 of 2012:-
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 herein to take action on the 5th and 6th respondents herein by registering FIR against them on the basis of the complaint dated 30.03.2012 sent by the petitioner herein to the 3rd respondent herein and to proceed against them in accordance with law.
For Appellant :: Mr.T.Dhanasekaran For Respondents :: Mr.P.S.Siva Shanmuga Sundaram, 1 to 5 Special Government Pleader
JUDGMENT
(Judgment of the Court was pronounced by HULUVADI G.RAMESH, J.)
The Writ Appeal is directed against the order dated 09.04.2018 made in W.P.No.12175/2012 by a learned Single Judge.
''3. The case of the petitioner is as follows: There appears to be a dispute between the petitioner and the private respondent and also against the Inspector of Police, the 5th respondent herein. In case, the petitioner has any grievances, it is always open to the petitioner to work out her remedies in the manner known to law and cannot seek to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. The prayer of this kind cannot be maintained in the present writ petition before this Court.''
A reading of the above would show that there is a dispute pending between two private individuals and further it appears that they have approached the police. In the normal course, in order to maintain law and order, the police personnel will resolve the problem amicably. But as observed by the Single
Judge in such matters of civil nature, the police cannot decide. It is for the private individuals, after exchange of notices among them, if the dispute is not settled, they can approach the appropriate forum seeking for declaration or any other relief as it is not a disputable question of fact between the parties and the appropriate forum after following the procedure as contemplated under the Civil Procedure Code or any other appropriate rules, that too, after hearing both sides, will resolve the issue between two individuals judicially. Therefore, it is for the appellant to approach the appropriate forum, if she is so advised.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
tsi
To
1. The Home Secretary,
Government of Tamil Nadu, Secretariat, Chennai-9.
2. The Director General of Police,
Rajaji Salai, Chennai.
3. The Commissioner of Police, Egmore, Chennai-8.
4. The Assistant Commissioner of Police,
Law and Order, Kilpauk, Chennai.
5. The Inspector of Police, Chetput, Chennai-31.
+1cc to Mr.R.Sankarappan, Advocate, S.R.No.42145
W.A.No.1322/2018
NMI(CO)
CS/12/07/18
2 issues framed by the court
Whether the High Court can invoke jurisdiction under Article 226 of the Constitution of India to direct registration of an FIR in a dispute existing between private individuals of a civil nature.
Whether the Single Judge correctly concluded that the dispute must be resolved by the appropriate civil forum rather than by the police or the High Court.
2 provisions across 2 enactments
T.Komala
The Home Secretary, Government of Tamil Nadu
The Director General of Police
HULUVADI G.RAMESH
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
