In a writ petition under Article 226, the petitioner challenged the decision to close a police investigation regarding alleged destruction of revenue records. The court examined the submitted affidavits and dismissed the petition without adjudication on the merits.
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 : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 1004 of 2015 and M.P.Nos.1 to 3 of 2015
Prof.D.S.Luther, Secretary-Trustee, St. George's Cathedral Trust, No.224, Cathedral Road, Gopalapuram, Chennai - 600 086. ...Petitioner Vs
..Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1, 2, 4 and 5 to reopen the case to transfer the investigation in respect of petitioners complaint dated 24.7.2013 against the Eighth Respondent to direct the 6th respondent to investigate on the said complaint according to law and file the final report within a stipulated time fixed by this Honourable court.
For Petitioner : Mr. T.Balaji For Mr.P.Subba Reddy
For Respondent 1 to 7 : Mr.N.Senthil Selvi Government Advocate
For Respondents 8 : Mr.M.Kempraj
O R D E R
The relief sought for in the present writ petition is to direct the respondents 1, 2, 4 and 5 to reopen the case to transfer the investigation in respect of petitioner's complaint dated 24.07.2013 against the 8th Respondent to direct the 6th respondent to investigate.
13.It is submitted that there is no cognizable offence made out in the petition alleging that destroying the revenue records at the Tahsildar, office in connivance with other Diocesan officials by fabricating false documents and used the same for cheating the trust and grabbing the land belong to the trust, in which he had not furnished any supportive documents to substantiate the allegation made against the counter petitioner, and in the said DRO proceedings, they have not mentioned any allegation as alleged by the petitioner. While being so the petitioner
alleged in this petition, is a afterthought, hence this petition was closed on 30.07.2014 in according with law and an intimation letter was sent to the petitioner through speed post."
Sd/Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
nti/mp
To
+1cc to Mr.M.Kempraj, Advocate, S.R.No.1909
W.P.No. 1004 of 2015
PMK(CO) SU(31/01/2022)
1 issue framed by the court
Whether the High Court should direct the respondents to reopen the investigation into the petitioner's complaint.
1 provisions across 1 enactments
Prof.D.S.Luther, Secretary-Trustee, St. George's Cathedral Trust
The Secretary to Government of Tamil Nadu, Home Department
The Director General of Police
The Additional Director General of Police
The Commissioner of Police
The Inspector of Police, Central Crime Branch
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
