Dismissed

Adhivalavan v. the District Collector

Madras HC17 Mar 2022WA(MD)/246/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed the Writ Appeal filed by Adhivalavan against the Single Judge's order. The High Court upheld the rejection of the underlying Writ Petition, finding the claim for non-interference in a civil dispute not maintainable given the petitioner's own criminal registration.

What did the court decide?

The Writ Appeal is dismissed with no costs. The connected miscellaneous petition is closed.

Adhivalavan Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2022)

¶1

W.A(MD)No.246 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 17.03.2022

¶4

CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND

¶5

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A(MD)No.246 of 2022 and C.M.P.(MD)No.2296 of 2022

¶6

Adhivalavan

¶7

... Appellant/Petitioner

¶8

-Vs-

¶9

1.The District Collector,

¶10

Madurai District, Madurai.

¶11

2.The District Revenue Officer, Madurai District, Madurai.

¶12

3.The Superintendent of Police,

¶13

Surveyor Colony, K.Pudur, Madurai-7.

¶14

4.The Deputy Superintendent of Police,

¶15

Oomatchikulam Division,

¶16

Madurai District, Madurai-107.

¶17

5.The Inspector of Police,

¶18

Silaimaan Police Station, Madurai-Dt.

¶19

6.Shanthi Devi ... Respondents / Respondents

¶20

PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying this Court to set aside the order dated 21.01.2022 made in W.P(MD)No.12031 of 2019.

¶21

Prayer in WP(MD)No.12031 of 2019:- Writ Petition is filed under

¶22

Article 226 of the Constitution of India to issue a Writ of Mandamus directing the fifth respondent not to interfere to the civil dispute this is totally civil in nature and also not to harass the petitioner until disposal of the suit before the District Munsif Court, Madurai in O.S. No. 141 of 2018 in I.A. No. 811 of 2018 based on his representation on 25.04.2019.

¶23

For Appellant : Dr.K.Malathi For R1 to R5 : Mr.J.Ashok, Additional Government Pleader.

¶24

https://hcservices.ecourts.gov.in/hcservices/

¶25

1/3

¶26

W.A(MD)No.246 of 2022

¶27

JUDGMENT

¶28

R.SUBRAMANIAN, J. AND

¶29

N.SATHISH KUMAR , J.

¶30

The appellant challenges the order dated 21.01.2022 made in W.P(MD)No.12031 of 2019, imposing cost on the petitioner for not impleading the defacto complainant and filing the Writ Petition with mala fide intention.

¶31

2.The prayer in the Writ Petition is for a Mandamus, directing the 5^th respondent not to interfere to the civil dispute this is totally civil in nature and also not to harass the petitioner until disposal of the suit before the District Munsif Court, Madurai in O.S.No.141 of 2018 in I.A.No.811 of 2018 based on his representation on 25.04.2019. [ The prayer is reproduced as found in the Writ Petition, the English is not ours].

¶32

3.The learned Single Judge has rightly dismissed the Writ Petition with cost. It is seen from the records that the complaint in crime No.37 of 2019 has been registered against the petitioner himself.

¶33

4.We, therefore, have no reason to interfere with the order of the learned Single Judge. We are of the view that such Writ Petition itself is not maintainable. Hence, the Writ Appeal fails and is accordingly, dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

// True Copy //

Myr

1.The District Munsif, Madurai.

¶38

2.The District Collector, Madurai District, Madurai.

¶39

3.The District Revenue Officer, Madurai District, Madurai. https://hcservices.ecourts.gov.in/hcservices/

¶40

2/3

¶41

W.A(MD)No.246 of 2022

¶42

4.The Superintendent of Police, Surveyor Colony, K.Pudur, Madurai-7.

¶43

5.The Deputy Superintendent of Police, Oomatchikulam Division, Madurai District, Madurai-107.

¶44

6.The Inspector of Police, Silaimaan Police Station, Madurai-Dt.

¶45

+1 CC to M/s.SPL GP ( SR-13007[F] dated 18/03/2022 )

¶46

JUDGMENT MADE IN W.A(MD)No.246 of 2022 17.03.2022

¶47

ck(CO)

¶48

GC(31.03.2022) 3P 8C

¶49

https://hcservices.ecourts.gov.in/hcservices/

¶50

3/3

Adhivalavan v. the District Collector

Case brief

What is this about?

What did the court decide?

Adhivalavan v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Indira Vs The Additional Chief Secretary to Government

Mani alias Kasimani Vs The Inspector of Police

Ganesan Vs The Inspector of Police

Suresh @ Mari Suresh Vs The Inspector of Police

Jinna Peer Mohamed, Vs M.Asilar

S. Chandra Santhosam, Vs the Government of Tamil Nadu