The petitioner challenged a show cause notice under Section 107 Cr.P.C. and sought quashing of proceedings and removal of seal. The Court held the petition was infructuous due to the lapse of four years, exceeding the one-year limitation period.
writ petition dismissed as infructuous; no costs; connected petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.7239 of 2015 and M.P.Nos.1 & 2 of 2015
Tamil Nadu Thowheed Jamath, Rep.by its President Mr.K.Nijamudeen, S/o. Kamrudeen,
having office at No.18/11, R.N.R.Arcade Katpadi Road, Vellore – 4. Vellore District. ...Petitioner -Vs-
1.The District Collector, Office of District Collector, Vellore, Vellore District.
2.The Superintendent of Police, Office of Superintendent of Police, Vellore, Vellore District.
4.The Tahsildar (South), Office of Tahsildar, Vellore, Vellore District.
... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 3rd respondent bearing Na.Ka.A4/760/2015 dated 23.02.2015 and quash the same as illegal, unjust and against the settled
principles of natural justice and to direct the 3rd respondent to remove the seal of the petitioner premises in the name of Tamil Nadu ThowheedJamath, situated at No.18/11, R.N.R, Arcade, Katpadi Road, Vellore District.
For Petitioner : No Appearance For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed to quash the proceeding of the third respondent in Na.Ka.A4/760/2015 dated 23.02.2015 and also direct to remove the seal of the petitioner premises in the name of Tamil Nadu ThowheedJamath, situated at No.18/11, R.N.R, Arcade, Katpadi Road, Vellore District. 2. The petitioner filed this petition to challenge the show cause notice issued against him under Section 107 of Cr.P.C. The said notice was issued in the month of February, 2015. The period for the proceedings under Section 107 of Cr.P.C. is only for one year. Now, almost four years have been lapsed and hence, the prayer sought for by the petitioner become infructous.
4.The Tahsildar (South),
Office of Tahsildar,
Vellore, Vellore District.
5.The Inspector of Police,
Vellore North Police Station (Law & Order),
Vellore, Vellore District.
6.The Public Prosecutor,
High Court, Madras.
W.P.No.7239 of 2015
and M.P.Nos.1 & 2 of 2015
KSV(CO)
GN(25/03/2019)
1 issue framed by the court
Whether the writ petition filed to quash proceedings and remove seizure of premises is maintainable after a lapse of four years from the show cause notice.
2 provisions across 2 enactments
Tamil Nadu Thowheed Jamath
District Collector
Superintendent of Police
Revenue Divisional Officer
Tahsildar (South)
Inspector of Police
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
