K.Karthikeyan v. The State Rep By

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.K.N.Nataraaj, learned counsel for the applicant and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John for respondent 1.

2. The present application is filed seeking leave to challenge the order passed by the learned Chief Judicial Magistrate, Thiruvallur in Crl.M.P.No.2942 of 2022.

3. Learned counsel for the applicant submits that the applicant is the owner of Flat No.D, Plot No.30, S.No.98/22, however, in view the impugned order, the flat of the petitioner is sealed.

4. The impugned order of the learned Chief Judicial Magistrate very clearly restricts to Flat Nos.F3 and F2. The impugned order no where affects the rights of the person residing in Flat No.D. If, according to the applicant, the Advocate Commissioner has wrongly attached his property, then the remedy of the applicant is to challenge the action of the Advocate Commissioner and not the order of the learned Chief Judicial magistrate. The order of the learned Chief Judicial Magistrate does not affect Flat No.D, as is claimed by the petitioner.

5. In light of that, the present application stands disposed of. It is open for the applicant to challenge the action of the Advocate Commissioner, as may be permissible under law. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C.,J.) 22.02.2024 drm

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(drm) 22.02.2024