Meenakshi Ananda Vs the Chief Judge

Writ petition filed under Section 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to consider the petitioners representation dated 25.09.2023 within a time frame fixed by this Court and pass orders.

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For Petitioner(s): A.Rajarajan For Respondent: -

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ORDER

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This writ petition has been filed for the issue of writ of Mandamus for a direction to the 1st respondent to deal with the representation made by the petitioner on 25.09.2023 wherein the petitioner seeks for initiating action against the respondents 3 and 4 on the ground of perjury.

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Heard the learned counsel for the petitioner and perused the materials available on record.

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The petitioner is the plaintiff in OS No.173 of 1998 pending on the file of the Principal Sub Judge, Puducherry. The suit was filed seeking for the relief of partition. According to the petitioner, the respondents 3 and 4 herein filed a counter claim in the said suit, which was dismissed. Aggrieved by the same, they filed an

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https://www.mhc.tn.gov.in/judis

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WP No. 23494 of 2025

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appeal before this Court in AS No.256 of 2003 which was also dismissed by judgement dated 17.12.2019. A direction was also issued to the Trial Court to conclude the proceedings within a period of six months. While so, the respondents 3 and 4 filed IA No282 of 2022 in IA No.1454 of 2003 seeking for amendment of the preliminary decree. Aggrieved by the same, CRP No.2902 of 2022 was filed before this Court and the CRP was allowed by an order dated 03.10.2023.

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The respondents 3 and 4 thereafter filed IA No.5 of 2023 before the concerned Court seeking for an order of interim injunction for the same property for which they made a counter claim, which was rejected by this Court. The said application was dismissed by the Trial Court based on the application filed by the petitioner in IA No.7 of 2023 by an order dated 19.01.2024.

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It is under these circumstances, the petitioner submitted a representation dated 25.09.2023 before the 1^st respondent seeking for action against the respondents 3 and 4 on the ground of perjury. Since the same was not acted upon, the present writ petition has been filed before this Court.

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https://www.mhc.tn.gov.in/judis

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WP No. 23494 of 2025

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In the considered view of this Court, action for

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perjury against the respondents 3 and 4 cannot be taken based on the representation made by the petitioner. The petitioner has to file an application before the concerned Court under Section 195(1) (b) r/w 340 of Cr.PC and the Court has to deal with the same and take a decision. If the Court is convinced that the perjury has been committed, the concerned Court proceeds by filing by way of a private complaint as against the private respondents. This process has to be necessarily undergone and the same cannot be achieved by way of giving a representation to the 1^st respondent.

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