Amsa Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Amsa Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Time-bound direction to the second respondent to complete the proceedings in rp/g/vz;.217/2025-o, dated 13.08.2025, under Section 126 of BNSS within two months from the date of receipt of a copy of the order; no costs; WMP Crl.No.639 of 2025 closed; WMP Crl.No.638 of 2025 ordered subject to payment of separate Court fee.

Issue for consideration

Whether the impugned notification dated 06.08.2025 issued by the third respondent under section 168 of BNSS 2023 and the consequential summons dated 13.08.2025 in C.Pa.No.217/2025-D issued by the second respondent under section 126 of BNSS are liable to be quashed. +2 more

Court's answer

The writ petition stands disposed of (rather than being granted with quashing of the notification and summons) with a direction to the second respondent.

Ratio / Principle

Direction to the second respondent to complete the proceedings in rp/g/vz;.217/2025-o, dated 13.08.2025, under Section 126 of BNSS, within a period of two months from the date of receipt of a copy of this order.

Key takeaways

No costs awarded; consequently WMP Crl.No.639 of 2025 is closed.ratio¶¶45
WMP Crl.No.638 of 2025 is ordered subject to payment of separate Court fee.ratio¶¶46

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Hon'ble Mr. Justice A.D.Jagadish Chandira), 13-11-2025 — W.P.Crl.No.1319 of 2025 with WMP Crl. Nos.638 and 639 of 2025: Petitioners Amsa, Govindaraj and Murugesan, under Article 226 of the Constitution, sought a writ of Certiorarified Mandamus to quash a notification dated 06.08.2025 issued by the Inspector of Police, Kolathur Police Station (R3) under section 168 of BNSS 2023 and the consequential summons dated 13.08.2025 in C.Pa.No.217/2025-D issued by the Sub Division Magistrate / Revenue Divisional Officer, Mettur (R2) under section 126 of BNSS, and to forbid R2 and R3 from interfering with their possession pending disposal of O.S.No.110 of 2025 (District Munsif Court, Mettur). Background: an ownership dispute between the petitioners and respondents 4 to 7 (Ponnusamy and his sons Prabhu, Ramani and Karthikeyan) had caused a law and order problem, leading to referral for proceedings under Section 145 of Cr.P.C., pending in rp/g/vz;.217/2025-o dated 13.08.2025. On the petitioner counsel's submission that it would suffice for the enquiry to be completed within a specified period, the court DISPOSED OF the writ petition with a DIRECTION to the second respondent to complete the proceedings in rp/g/vz;.217/2025-o, dated 13.08.2025, under Section 126 of BNSS within TWO MONTHS of receipt of a copy of the order; NO COSTS; WMP Crl.No.639 of 2025 closed consequentially; WMP Crl.No.638 of 2025 ordered subject to payment of separate Court fee. The notification and summons were not quashed.

WP Crl. No. 1319 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

W.P.Crl.No.1319 of 2025 and

WMP Crl. Nos.638 and 639 of 2025

Amsa 2. Govindaraj 3. Murugesan

Petitioner(s)

Vs

The District Collector, Salem, Salem District.

2.The Sub Division Magistrate / Revenue Divisional Officer Mettur, Salem, Salem District.

3.The Inspector of Police Kolathur Police Station, Kolathur , Mettur Taluk, Salem District

4.Ponnusamy S/o.Gurusamy,

5.Prabhu S/o.Ponnusamy

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

WP Crl. No. 1319 of 2025

6.Ramani

S/o.Ponnusamy

7.Karthikeyan S/o.Ponnusamy

Respondent(s)

PRAYER Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification, dated 06.08.2025 issued by the 3rd respondent under section 168 of BNSS 2023 and the consequential summons dated 13.08.2025 in C.Pa.No.217/2025-D issued by the 2nd respondent under section 126 of BNSS and quash the same and consequently forbearing the respondent 2 and 3 from in any manner interfering with the petitioners peaceful possessions and enjoyment of the subject property pending disposal of O.S.No.110 of 2025 on the file of the District Munsif Court, Mettur.

For Petitioners: M/s.K.Prabakaran

For Respondents: Mr.R.Vinothraja, Government Advocate (Crl. Side) for R1 to R3

ORDER

This writ petition has been filed to call for the records pertaining to the

impugned notification, dated 06.08.2025 issued by the 3rd respondent under

section 168 of BNSS 2023 and the consequential summons dated 13.08.2025 in

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

WP Crl. No. 1319 of 2025

rp/g/vz;.217/2025-o issued by the 2nd respondent under section 126 of

BNSS and quash the same and consequently forbearing the respondent 2 and 3

from in any manner interfering with the petitioners’ peaceful possession and enjoyment of the subject property, pending disposal of O.S.No.110 of 2025, on the file of the District Munsif Court, Mettur.

When the matter was taken up for hearing, the learned Government

Advocate (Crl. Side) submitted that there was a dispute with regard to ownership between the petitioners and the respondents 4 to 7. Since there is a law and order problem existing with regard to the property, the matter was referred to the second respondent for proceedings under Section 145 of Cr.P.C.,

pending in rp/g/vz;.217/2025-o, dated 13.08.2025.

At this juncture, the learned counsel for the petitioner would submit

that it would suffice if the second respondent is directed to complete the enquiry

and pass orders in the proceedings, dated 13.08.2025, within a specified period.

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

WP Crl. No. 1319 of 2025

In view of the above, the writ petition stands disposed of with a

direction to the second respondent to complete the proceedings in

rp/g/vz;.217/2025-o, dated 13.08.2025 under Section 126 of BNSS, within a period of two months from the date of receipt of a copy of this order. No

costs. Consequently, WMP Crl.No.639 of 2025 is closed.

Insofar as WMP Crl.No.638 of 2025 is concerned, it is ordered subject

to payment of separate Court fee.

13-11-2025

vum

Index:Yes/No Internet:Yes Neutral Citation:Yes/No

A.D.JAGADISH CHANDIRA J.

vum

To

1.The District Collector

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

WP Crl. No. 1319 of 2025

Salem, Salem District

2.The Sub Division Magistrate/Revenue Divisional Officer

Mettur, Salem, Salem District

3.The Inspector of Police Kolathur Police Station, Kolathur , Mettur Taluk, Salem District

The Public Prosecutor, Madras High Court, Chennai.

W.P.Crl.No.1319 of 2025 and WMP Crl. Nos.638 and 639 of 2025

13.11.2025

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