Writ petition filed seeking mandamus to direct Home Secretary and police officers to recover cheated money from a non-party private firm. Court held Article 226 is not for money recovery between private parties and dismissed the petition.
petition dismissed; no recovery directed; no costs awarded.
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W.P. No.29600 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.10.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
W.P.No.29600 of 2023
R.Santhi Pitchaiya Nattar
... Petitioner
-vs-
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W.P. No.29600 of 2023
6.M/s.HOMEFINDERS HOUSING LTD.,
Rep.by its Managing Director,
(K.S. Ramalingam), Flat No.2C, Race View Towers, 71, Mount Road, Guindy, Chennai – 600 032.
...Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the 1st to 5th Respondent to consider the petitioner's representation dated 25.08.2023. Consequently to direct the 5th Respondent to recover the cheated amount Rs.20,64,124/- from the 6th Respondent in Crime No.48/2019 under Section 420 IPC dated 27.01.2019 pending on his file.
For Petitioners : Mr.M.Yogaa For Respondents 2 - 5 : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
ORDER
The prayer in the Writ Petition reads as follows:
“For the reasons stated in the accompanying affidavit it is therefore, the petitioner pray that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS or Writ or Order or direction or any other nature of Writ, direct the 1st to 5th Respondent to consider the petitioner's representation dated 25.08.2023. Consequently to direct the 5th Respondent to recover the cheated amount Rs.20,64,124/- from the 6th Respondent in Crime No.48/2019 under Section 420 IPC dated 27.01.2019 pending on his file and pass such other suitable orders and thus render Justice”
money. If the petitioner has entered into contract with the accused and lost his money, it is for him to make out the case cognizable offence or else, he should
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W.P. No.29600 of 2023
approach Civil Court for recovery of money. In this writ petition, this Court
unable to find out any ingredient to invoke writ jurisdiction for recovery of
money. Hence, this Writ Petition is dismissed. No costs.
11.10.2023
Internet : Yes/No Index : Yes/No rkp To
1.The Home Secretary, 2nd Floor, Main building, Rajaji Road, Fort. St.George, Chennai – 600 009 (Near RBI). 2.The Deputy Inspector General of Police, Master Plan Complex, Villupuram 605 602. (Near CEO Office) 3.Superintendent of Police, WFMJ+5FF, Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu 605 602.
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W.P. No.29600 of 2023
Dr.G.JAYACHANDRAN, J.
rkp
W.P.No.29600 of 2023
11.10.2023
Page No.4/4
2 issues framed by the court
Whether Article 226 writ jurisdiction can be invoked to direct police authorities to recover cheated money from a private third party.
Whether Article 226 writ jurisdiction is appropriate for direct recovery of money lost in a contract dispute separate from criminal prosecution.
R. Santhi Pitchaiya Nattar
The Home Secretary
The Deputy Inspector General of Police
Superintendent of Police
Deputy Superintendent of Police
The Inspector of Police
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
