S.P.Kandhasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.O.P.No.26523 of 2016 and Crl.M.P.No.13288 of 2016 1.S.P.Kandhasamy 2.K.Siva Ganeshan 3.S.P.Gayathri 4.S.K.Chitra ... Petitioners 1- 4/ B-Party Vs.

1. The Revenue Divisional Officer, Pollachi, Coimbatore District.

2. The State represented by its Inspector of Police, Kottur Police Station, Kottur, Pollachi.

3. Arulmighu Sithadhaandesswaarar represented by its permanent hereditary trustee Smt.Anur Shanthi Vanavarayar, Aranmanai, Samathur, Pollachi Taluk ... Respondents 1-3/ third party 4.S.Ganeshan 5.S.K.Nataraj 6.S.Kulandaivel 7.K.Muthumanikkam 8.K.Kaleeshwaran 9.G.Shanthi 10.P.R.Nagaraj 11.S.A.Nataraj 12.Sakthivel ... Respondents 4-12/ A-Party 13.Sathish Kumar 14.Shakthivel 15.Shakthiram ... Respondents13-15/ B-Party PRAYER: This Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records of proceedings of the first respondent in Na.Ka.No.2601/2016/A1 dated 29.11.2016 and quash the same.

For Petitioners :

Mr.R.Krishna Prasad for M/s.Sarvabhauman Associates For R1 & R2 : Mr.C.E.Pratap Government Advocate (Crl.Side) For R3 : Mr.M.R.Franklin For R4 to R9 : Mr.N.Umapathi For R10 to R15 : No appearance

ORDER

This Criminal Original Petition has been filed to quash the proceedings of the first respondent in Na.Ka.No.2601/2016/A1 dated 29.11.2016.

2.The dispute raised herein relates to 36.85 acres of land, situated in S.F.Nos.34/1 and 35, Pollachi Circle, Pethanayakkanur Village, Coimbatore District, which according to the petitioners, is owned by Arulmighu Sithadhaandesswaarar Temple, the third respondent herein. It is submitted by the learned counsel for the petitioners that in the suit filed by the petitioners in O.S.No.250 of 2016 as well as in the suit filed by the respondents 4 to 9 in O.S.No.377 of 2016, both on the file of the District Munsif Court, Pollachi, an order of injuction was passed. Despite the same, the impugned order has been passed by the first respondent, viz., the Revenue Divisional Officer, Pollachi, Coimbatore District. Hence, the Criminal Original Petition.

3.Heard the learned counsel on either side and perused the materials placed on record.

4.The learned counsel for the petitioner would submit that the lease period has already been over.

5.On a perusal of the records, this Court finds that an order has been passed by the Revenue Divisional Officer, under Section 145 Cr.P.C proceedings and Civil Suits are also pending. Further, due to passage of time there is nothing survives in this Criminal Original Petition.

6.Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

dua To

1. The Revenue Divisional Officer, Pollachi, Coimbatore District.

2. The Inspector of Police, Kottur Police Station, Kottur, Pollachi.

3. The Public Prosecutor High Court, Madras-104 +1cc to Mr.N.Umapathi, Advocate, S.R.No.34073 +1cc to M/s.Sarvabhauman Associates, Advocate, S.R.No.34355 Crl.O.P.No.26523 of 2016 and Crl.M.P.No.13288 of 2016 EV(CO) CT/24/06/2022