The Young Baduga Association, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM The Young Baduga Association Rep. by its Secretary L.Chandrasekaran S/o Lakshmanan Cash Bazaar, Ooty Road Dr.Johee Building, Coonoor The Nilgiris.

..

Petitioner vs

1. The Collector Nilgiri District, Udhagamandalam.

2. The Superintendent of Police Udhagamandalam, Nilgiri District.

3. District Revenue Officer Udhagamandalam.

4. Revenue Divisional Officer and Sub Divisional Magistrate Coonoor.

5. The Tahsildar Udhagamandalam.

6. Buddhichandran ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari, calling for the records on the file of the fourth respondent in No.2346/2014/B1 dated 14.05.2014 and quash the same. For the Petitioner : Ms.S.Gajalakshmi for M/s.Royan Law Associates For the Respondents : Mr.P.Sanjay Gandhi Government Advocate for respondents 1 to 5 No Appearance for respondent 6

ORDER

The order dated 14.05.2014 issued by the Sub-Divisional Magistrate and Revenue Divisional Officer, Coonoor under Section 144(2) of the Cr.P.C is under challenge in the present writ petition.

2. The petitioner is the Young Baduga Association. The Association is registered under the Societies Registration Act. The learned Government Advocate states that the petitioner has encroached upon a Government land. Since there was a law and order issue and the petitioners have encroached upon the public land, action were initiated under Criminal Procedure Code.

The authorities, on enquiry, found that two groups of persons, one group led by Thiru.T.Gundan, Udhagai and other group led by Thiru.M.Buddhichandran, Udhagai and their supporters were trying to enter into the premises and building of the Young Baduga Association.

3. In view of the fact that there was a law and order issue and in order to maintain peace and tranquillity, an order was passed on 14.05.2014. Eight years lapsed and on account of efflux of time, this Court is of the opinion that the parties can ascertain the facts as of now and accordingly, initiate appropriate action, if necessary, in law by following the procedures as contemplated.

4. Therefore, no further consideration is required in respect of the grounds raised in the writ petition. Accordingly, the writ petition is disposed of. There will be no order as to costs. Consequently, M.P.No.1 of 2014 is closed.

Index : Yes/No 15.03.2023

Neutral Order:Yes/No drm To:

1. The Collector Nilgiri District, Udhagamandalam.

2. The Superintendent of Police Udhagamandalam, Nilgiri District.

3. District Revenue Officer Udhagamandalam.

4. Revenue Divisional Officer and Sub Divisional Magistrate Coonoor.

5. The Tahsildar Udhagamandalam.

S.M.SUBRAMANIAM,J.

(drm) 15.03.2023