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Madras High CourtCRL MP/12051/2017modified

Irshad Ali v. G.Loganathan

2017-09-21Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of September Two Thousand Seventeen PRESENT The Hon`ble Mr Justice M.S. RAMESH CRIMINAL MISCELLANEOUS PETITION No.12051 of 2017 IN CRL OP.3216/2017 IRSHAD ALI [ PETITIONER/2ND RESPONDENT ] Vs 1 G.LOGANATHAN [ RESPONDENTS ] 2 THE INSPECTOR OF POLICE S-15, SELAIYUR POLICE STATION, SELAIYUR, CHENNAI-600 073.

Petition praying that in the circumstances stated therein the High Court will be pleased to modify the order made in Crl.O.P.No.3216 of 2017 order dated 07.06.2017 on the file of this Hon'ble Court. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.GANESH, Advocate for the petitioner and of AND OF MR.K.S.KUMAR, Advocate for the 1st Respondent MR. P.GOVINDARAJAN, ADDL. PUBLIC PROSECUTOR for the 2nd Respondent the court made the following order:- By earlier order dated 07.06.2017 in the above Criminal Original Petition, this Court had directed the Advocate Commissioners to note down the physical features of the subject property under the supervision of Taluk Chief Surveyor as well as the Revenue Inspector. 2.Learned counsel for the petitioner submitted that he has no confidence in the local Taluk Chief Surveyor and the Revenue Inspector, hence, he has filed the present modification petition.

3. I do not intend to accept the allegations made against the concerned Surveyor and the Revenue Inspector. Nevertheless, in view of the doubt raised as against these two persons, it would not be appropriate to direct the same local Surveyor and Revenue Inspector to be present during the inspection of the Advocate Commissioners. Hence, the Commissioner of Land and Administration, Chepauk, Chennai is directed to depute one independent surveyor as well as the Revenue Inspector to accompany the learned Advocate Commissioners at the time of inspection of the subject property.

4. It is made clear that except the above modification, the other observations made in the earlier order of this court dated 07.06.2017 shall remain unaltered. The learned Advocate Commissioners shall complete the inspection on or before 09.10.2017. -sd/- 21/09/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE S-15, SELAIYUR POLICE STATION, SELAIYUR, CHENNAI-600 073.

3 MR.P.V.SUDAKAR, ADVOCATE, HAVING OFFICE AT 13, SESHADRI ROAD, ALWARPET, CHENNAI.18. (9444057722) 4 MS/M.SHEELA, ADVOCATE, HAVING OFFICE AT 16/33, MELPADIMUTHU STREET, NUNGAMBAKKAM, CHENNAI.34.

(9840799800) 5 THE COMMISSIONER OF LAND AND ADMINISTRATION, CHEPAUK, CHENNAI.

+1 C.C. to M/S.K.S.KUMAR, Advocate on payment of necessary charges -Sr.18236

Order in CRL MP.12051/2017 in CRL OP.3216/2017 Date :21/09/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 22.09.2017