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[Cites 3, Cited by 0]

Madras High Court

Rt.Rev.Dr.Jj Christdoss vs The District Collector on 5 September, 2019

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                             1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 05.09.2019

                                                     CORAM:

                             THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                         W.P.(MD)No.10153 of 2018
                                       and W.M.P.(MD)No.9204 of 2018

                      Rt.Rev.Dr.JJ Christdoss
                      Bishop of Tirunelveli Diocese
                        & Managing Director of Tirunelveli,
                      Diocesan Trust Association,
                      No.16, North High Ground Road,
                      Palaymkottai,
                      Tirunelveli District, Tirunelveli-627005.
                                                                           ... Petitioner

                                                        -vs-
                      1.The District Collector,
                        Tirunelveli District, Tirunelveli.

                      2.The Commissioner of Police,
                        Tirunelveli City, South High Ground Road,
                        Near Anna Stadium, Palayamkottai,
                        Tirunelveli-627002.

                      3.The Inspector of Police,
                        Melapalayam Police Station (C-2)
                        Palayamkottai-627005.

                      4.Rt.Rev JAD Jebachandran

                      5.AHL Billy
                      6.Stephen Selvinraj
                      7.Vehanayagam                                       ... Respondents

                      Prayer: Writ Petition filed under Article 226 of the Constitution of
                      India to issue a Writ of Mandamus, to direct the first and second
                      respondents to initiate proceedings under Section 107 Cr.P.C.,
                      against the fourth to seventh respondents.
http://www.judis.nic.in
                                                           2


                                   For Petitioner      : Mr.L.Rajiah

                                   For R1 to R3        : Mr.K.Suyambulinga Bharathi,
                                                        Government Advocate(Crl.side)


                                                       ORDER

This Writ Petition has been filed to direct the first and second respondents to initiate proceedings under Section 107 Cr.P.C., against the fourth to seventh respondents.

2.It is seen that this writ petition was filed in 2018 seeking a direction to R1 to R3 to initiate proceedings under 107 Cr.P.C., as against R4 to R7 herein. Now, the period has also lapsed and in the present situation, a proceedings under 107 Cr.P.C., may not arise at all.

3.The learned Government Pleader(Crl.side) appearing for the R1 to R3 submitted that no complaint has been received from the petitioner and also no complaint was pending on the file of the third respondent herein.

4.In view of the above, this petition is devoid of merits and accordingly, dismissed. However, the petitioner is at liberty to http://www.judis.nic.in 3 prefer a fresh complaint before the concerned jurisdiction police station, if the situation arises for initiation of proceedings under Section 107 Cr.P.C., and the third respondent is directed to consider the fresh complaint of the petitioner and pass orders, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.




                                                                 05.09.2019

                      Index    :Yes/No
                      Internet : Yes/No
                      gns

                      To

                      1.The District Collector,

Tirunelveli District, Tirunelveli.

2.The Commissioner of Police, Tirunelveli City, South High Ground Road, Near Anna Stadium, Palayamkottai, Tirunelveli-627002.

3.The Inspector of Police, Melapalayam Police Station (C-2) Palayamkottai-627005.

http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN,J.

gns W.P.(MD)No.10153 of 2018 05.09.2019 http://www.judis.nic.in