P.Baskar v. M.Muniappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :27.01.2016 Coram THE HONOURABLE MR. JUSTICE C.T. SELVAM Crl.R.C.Nos.162, 353, 553 and 1070 of 2011 and M.P.Nos.1, 1, 1, 2 & 3 and 1 of 2011 Crl.R.C.No. 162 of 2011 P.Baskar ... Petitioner -Vs.- M.Muniappan Angappan M.Vetrivendhan 4.

State represented by Inspector of Police Karimangalam Police Station in-charge of Dharmapuri Town Police Crime No.8 of 2011 Dharmapuri District.

... Respondents Crl.R.C.No.162 of 2011 has been filed against the order of the learned Executive Magistrate cum Tahsildhar, Dharmapuri, under Section 145 of the Code of Criminal Procedure dated 02.01.2011 in Na.Ka.1 of 2011 (B3) in FIR No.8 of 2011 dated 02.01.2011 on the file of the 4th respondent. Crl.R.C.No.353/2011 Muniappan ... Petitioner ..vs..

P.Baskaran M.Sevathan R.Joseph 4.

Inspector of Police Karimangalam Police Station in-charge of Dharmapuri Town Police FIR No.8 of 2011 ... Respondents Crl.R.C.No.353 of 2011 has been filed against the order of the learned Executive Magistrate cum Tahsildhar, Dharmapuri,

under Section 145 of the Code of Criminal Procedure dated 02.01.2011 in Na.Ka.1 of 2011 (B3) in FIR No.8 of 2011 on the file of the 4th respondent.

Crl.R.C.No.553/2011 Muniappan ... Petitioner ..vs..

P.Baskaran M.Sevathan R.Joseph 4.

Inspector of Police Karimangalam Police Station in-charge of Dharmapuri Town Police FIR No.8 of 2011 5.

Executive Magistrate - cum- Tahsildar Dharmapuri Dharmapuri District ... Respondents Crl.R.C.No.553 of 2011 has been filed against the order of the learned Executive Magistrate cum Tahsildhar, Dharmapuri, under Section 145 of the Code of Criminal Procedure dated 08.02.2011 in Na.Ka.1 of 2011 (B3) in FIR No.8 of 2011 on the file of the 5th respondent.

Crl.R.C.No.1070 of 2011 P.Baskar ... Petitioner ..vs..

M.Muniappan Divisional Executive Magistrate -cumSub Collector Dharmapuri Dharmapuri Town & District.

... Respondents Crl.R.C.No.1070 of 2011 has been filed against the order of the second respondent dated 23.07.2011 made in Na.Ka.No.3951/2011/A-2 in a proceedings under Section 145 of the Code of Criminal Procedure.

For Petitioner in Crl.R.C.162 and 1070 of 2011 and first respondent in Crl.R.C.353 and 553 of 2011 :

Mr.R.John Sathyan

For Respondents 1 to 3 in Crl.R.C.162 and 1070 of 2011 :

Mr.AR.L.Sundaresan and Petitioner in Senior Counsel Crl.R.C.353 and 553 of 2011 for Mr.G.Mohammed Asaf For Respondent- 4 in all :

Mr.C.Iyyapparaj Revisions except 1070/11 Government Advocate COMMON ORDER The orders of the learned Executive Magistrate - cumTahsildar, Dharmapuri in Na.Ka.1 of 2011 (B3) in FIR No.8 of 2011 and in Na.Ka.No.3951/2011/A-2 were challenged by Mr.P.Baskar, petitioner in Crl.R.C.Nos.162 and 1070 of 2011. This Court was pleased to stay the same under orders dated 04.02.2011 in Crl.R.C.Nos.162 of 2011.

Subsequently, Mr.Muniappan, the opposed party challenged the very same order in Crl.R.C.No.353 of 2011. This Court initially passed an order of stay in Crl.R.C.No.353 of 2011 on 04.03.2011 and in Crl.R.C.No.553 of 2011 on 08.04.2011 and on coming to its knowledge that already an order of stay was granted in Crl.R.C.No.162 of 2011, the order of stay was altered to one of status quo. Thereafter Mr.P.Baskar moved the Revenue Divisional Officer and under orders dated 08.02.2011, the Executive Magistrate was pleased to direct delivery of possession to Mr.P.Baskar.

Challenging the same, Mr.Muniappan moved Crl.R.C.No.553 of 2011 and obtained stay on 08.04.2011. By way of M.P.No.2 of 2011, Mr.P.Baskar sought to vacate such order. Subsequently, Mr.M.Muniappan moved the Tahsildar for change of patta to the property in his favour under representation dated 06.06.2011. Thereupon, the Executive Magistrate has initiated proceedings under Section 145 in Na.Ka.No.3159/2011/A2/ dated 23.07.2011. Aggrieved by such action, Mr.P.Baskar has moved Crl.R.C.No.1070 of 2011 and obtained an order of stay. What has been stated above is only towards informing that all the revision petitions before us are to be treated as infructuous. It is admitted by both sides that the parties are before Civil Court and agitating their rights in O.S.Nos.4 of 1997 and 305 of 2003 on the file of Sub Court, Dharmapuri.

It is informed that the vendors of Mr.P.Baskar have obtained orders of injunction on 26.08.2011 against interference with their peaceful possession and enjoyment. It is admitted position that Mr.Muniappan has sought to vacate the order of injunction. Therefore, when the parties are agitating their causes in right earnest before the Civil Court, this Court is of the view that it is appropriate to allow the Civil Court to decide the issue. However, the order of the Executive Magistrate wherein keys of the premises disputed has been handed over to Mr.P.

order of stay of proceedings in Na.Ka.No.1 of 2011 (B3) in FIR No.8 of 2011, was in force.

Accordingly, the revisions shall stand disposed of with the following observations:- (i) It is open to the parties to agitate their respective causes before the Civil Court.

(ii) Mr.P.Baskar is required to deposit the keys of the premises at the Sub Court, Dharmapuri, wherein O.S.No.305 of 2013 is pending on or before 10.02.2016.

(iii) This Court would expect the Sub Court, Dharmapuri to dispose of the cases in O.S.Nos.4 of 1997 and 305 of 2003 as expeditiously as possible. The handing over of keys to the premises would follow the decisions in the actions and accordingly may be ordered.

Consequently, connected Miscellaneous Petitions are closed.

mra -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The Principal District and Sessions Judge, Dharmapuri, Dharmapuri District.

The Sub Judge, Dharmapuri.

3. The Inspector of Police, Karimangalam Police Station, Incharge of Dharmapuri town Police, Dharmapuri.

4. The Executive Magistrate cum Tahsildar, Dharmapuri.

5.

The Executive Magistrae cum Sub Collector, Dharmapuri.

6.

The Section Officer, Criminal Section, High Court, Madras.

7.

The Public Prosecutor High Court, Madras.

+ 2 ccs to Mr.G.Mohammed Aseef, Advocate SR 5175 + 1 cc to Mr.John Sathiyan, Advocate SR 5190 lrs(co) prk9/2 Crl.R.C.Nos.162, 353, 553 and 1070 of 2011 and M.P.Nos.1, 1, 1, 2 & 3 and 1 of 2011