Govindan v. The Sub Divisional Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3515 of 2019 1.Govindan 2.Muniyamma 3.Chandran 4.Dhanuppillai 5.Madhammal 6.Geetharani
...Petitioners
-Vs1.Sub-Divisional Magistrate, Deputy Collector, Office of the Sub-Collector, Hosur, Krishnagiri District.
2.Madhu 3.Arjunan 4.Sevathan 5.Govindaraj 6.Madhu 7.Mariyappan 8.Akkumari 9.Rathina 10.Mani 11.Sakthivel 12.Ponnusamy 13.Subramani 14.Venkatraj ... Respondents Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent Sub-Divisional Magistrate, Office of the SubCollector, Hosur, Krishnagiri District to take an appropriate action against respondents 2 to 14, who are trying to cause breach of peace in the village viz., Kanchalam Village by preventing the petitioners to enter and cultivate their lands in Survey No.272/4 situate at Kanchalam Village, Koppakkarai Post, Denkanikottai Taluk, Krishnagiri Distrit by considering the petitioner's representation dated 26.11.2018.
For Petitioner : Mr.A.Balamurugan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking for a direction to the first respondent to take appropriate action against the respondents 2 to 14, who are trying to cause breach of peace in the village viz., Kanchalam Village.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.
3. It is seen that the prayer sought for in this petition is completely civil in nature. Further it is seen that the petitioners have lodged a complaint before the first respondent himself seeking protection to harvest the agricultural crops in their land. It is also seen that the petitioner has not taken steps to file a civil suit against the respondents.
4. Considering the facts and circumstances of the case, the directions sought for in this petition as against the first respondent cannot be considered. Further, the petitioners are at liberty to lodge a complaint before the jurisdiction police for the illegal activities done by the respondents 2 to 14. On receipt of the complaint by the petitioner, the jurisdiction police is directed to enquire into that and take appropriate action.
5. With the above direction, this Criminal Original Petition is disposed of.
mpa/lpp Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sub-Divisional Magistrate, Deputy Collector, Office of the Sub-Collector, Hosur, Krishnagiri District.
2.The Public Prosecutor, High Court of Madras.
+1cc to Mr.A.Balamurugan,Advocate, SR.NO.11648 Crl.O.P.No.3515 of 2019 LN(CO) Kak(20/03/2019)