Ayyasamy v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.O.P.No.2986 of 2012 and M.P.No.1 of 2012 Ayyasamy S/o.Velayutham ..Petitioner Vs.

The Executive Officer, Kodavasal Town Panchayat, Kodavasal, Tiruvarur District.

..Respondent Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for records in S.T.C.No.1188 of 2011 on the file of learned Judicial Magistrate, Tiruvarur and quash the same. For Petitioner : Mr.D.Veerasekaran For Respondent : Mr.D.Suriyanarayanan *****

O R D E R

Petitioner seeks quash of proceedings in S.T.C.No.1188 of 2011 on the file of learned Judicial Magistrate, Tiruvarur.

2. Heard learned counsel for petitioner and learned counsel for respondent.

Demand proceedings, quash of which is sought, have been agitated before civil forum in O.S.No.75 of 2011 on the file of learned District Munsif, Nannilam, and on further challenge in A.S.No.12 of 2014 on the file of learned Subordinate Judge, Tiruvarur, the demand has been set aside under judgment dated 26.03.2015. As a consequence, the criminal proceedings which is based on the notice dated 27.02.2009 which has been set aside under judgment of the civil Court will fall. The Criminal Original Petition shall stand allowed. The proceedings in S.T.C.No.1188 of 2011 on the file of learned Judicial Magistrate, Tiruvarur, shall stand quashed. Connected miscellaneous petition is closed. 28.04.2017 Index:yes/no Internet:yes gm To The Judicial Magistrate, Tiruvarur.

C.T.SELVAM, J Crl.O.P.No.2986 of 2012 28.04.2017