The Registry has raised a query with regard to the maintainability of the writ petition. Hence, the matter has been listed under the caption “For Maintainability” before this Court.
2. The Petitioner has filed the writ petition to issue a writ of mandamus, directing the first respondent, the Inspector of Police, to consider and take action on her representation, dated 06.01.2017 against the second respondent, who is the Advocate Commissioner, appointed by the civil court in a civil proceeding.
3. Since the Advocate Commissioner has been appointed under the provisions of Order 26 of the Civil Procedure Code, if the petitioner is aggrieved over the report filed by the advocate commissioner, she can only file her objections and seek remedy under Order 26 of the Civil Procedure Code. But, there is no provision under the Civil Procedure Code for initiating action by the police against the advocate commissioner for filing an incorrect report.
4. That apart, when the remedy is available to the petitioner under the Civil Procedure Code as against the report filed by the advocate commissioner, the writ petition filed under Article 226 of Constitution of India for initiating action against the advocate commissioner by the first respondent police is not maintainable.
5. Accordingly, the writ petition is rejected as not maintainable.
Index : No 22.06.2017 Internet : Yes sra/ak To The Inspector of Police, B-3, Police Station, Variety Hall Road, Coimbatore – 641 001.
M. DURAISWAMY, J.
sra/ak WP. SR. No. 7802 of 2017 22.06.2017 http://www.judis.nic.in