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Madras High CourtCRL RC/1037/2017withdrawn dismissed

Sendhil Kumar, M/A 45 Years, v. The Sub Division,

2017-08-04Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2017 Coram THE HONOURABLE MR. JUSTICE R.SURESH KUMAR Crl. RC. No.1037 of 2017 and Crl.M.P.No.9779 of 2017

1. Sendhil Kumar

2. Ramesh

3. Kasi ... Petitioners Vs.

1. The Sub Divisional Magistrate cum Sub-Collector, Tirupathur, Vellore District.

2. The Tahsildar Tirupattur, Vellore District.

3. The Inspector of Police, Tirupattur Rural Police Station, Tiruppattur, Vellore District.

4. Rajendran

5. Palani

6. Anandan

7. Venkatesan

8. Dharuman

9. Duraisamy

10. Kulandai @ Manickam

11. Damodaran

12. Pooncholai

13. Parimala ... Respondents Prayer:

The Criminal Revision Petition has been filed under Section 397 read with 401 of the Code of Criminal Procedure praying to set aside the order passed in 145 Cr.P.C. proceedings in M.C.No.29/2017, dated 19.05.2017 on the file of the Sub-Divisional Magistrate cum Sub-Collector, Tirupattur, Vellore District.

For Petitioners :

Mr.Pa.Sudesh Kumar For respondents :

Mr.C.Iyyapparaj, Additional Public Prosecuor For R1 to R3

ORDER

After some arguments, the learned counsel appearing for the petitioners submits that, even though the order passed by the Executive Magistrate, which is impugned herein, directed both parties to maintain the Status Quo, and according to the petitioner, the same is infringing the right of the petitioner herein, however, he would approach the competent civil court to establish his right by filing an appropriate proceedings in the manner known to law.

2. The learned counsel would submit that if the petitioner is permitted to approach the competent civil court to establish his right, he would be satisfied atleast for the present.

3. Considering the said submission made by the learned counsel for the petitioner, this Criminal Revision case is dismissed as withdrawn as the learned counsel appearing for the petitioner has made an endorsement to that effect, with liberty to the petitioner to approach the competent civil court in the manner known to law.

4. It is needless to state that all the observations made in the order impugned shall no way influence the competent civil court in deciding the matter in accordance with law, when it is approached by the petitioner. Consequently, connected miscellaneous petition is closed.

04.08.2017 rli Index: Yes/No Internet:Yes/No To

1. The learned Sub Divisional Magistrate cum Sub Collector, Tirupattur, Vellore.

R.SURESH KUMAR.J.

rli

2. The Sub Divisional Magistrate cum Sub-Collector, Tirupathur, Vellore District.

3. The Tahsildar Tirupattur, Vellore District.

4. The Inspector of Police, Tirupattur Rural Police Station, Tiruppattur, Vellore District.

Crl. RC. No.1037 of 2017 and Crl.M.P.No.9779 of 2017 04.08.2017