Madras High CourtCRL RC(MD)/59/2023disposed of

Tiruvadthurai Aathinam v. The Sub Divisional Magistrate/Sub Collector

2023-01-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.874 of 2023 Tiruvadthurai Aathinam, through its Inspector, M.Veeranathan, S/o Murugan Chettiyar, 11/10 Theppakulam Street, Susindharam, Kanniyakumari District.

... Petitioner Vs.

The Sub-Divisional Magistrate/ Sub-Collector, Seranmadevi Sub-Division, Seranmadevi, Tirunelveli District.

... Respondent PRAYER: This Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records in Na.Ka.A. 1.MC/108/2022, dated 24.12.2022 on the file of the Sub-Divisional Magistrate/Sub-Collector, Seranmadevi Sub-Division, Seranmadevi, Tirunelveli District and set aside the above order. For Petitioner : Mr.KA.Raamakrishnan For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Revision Case has been filed to set aside the proceedings in Na.Ka.A.1.MC/108/2022, dated 24.12.2022 on the file of the first respondent.

2.The grievance of the petitioner is that a peace committee meeting was arranged on 24.12.2022 by the Sub Collector, Cheranmahadevi, to resolve the issue between Thiruvadthurai Athinam Management and the Lessees of the properties belong to the Athinam in several villages. In the above said peace committee meeting a resolution was adopted, by which enquiry was ordered to be undertaken regarding the possession, lease and other issues. Pending the above said process, it was resolved to initiate proceedings under Section 145 Cr.P.C. Till the conclusion of the enquiry, status quo was ordered to be maintained.

3.Such sort of resolution to initiate proceedings under Section 145 Cr.P.C. cannot be adopted, the learned counsel for the revision petitioner would submit that this is totally illegal.

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4.This revision petitioner did not participate in the above said peace committee meeting. Now, whatever it may be no revision will lie against such a resolution. He has to undertake proper proceedings before appropriate forum. The revisional jurisdiction cannot be invoked by this Court in setting aside the resolution.

5.With the above said liberty this revision stands dismissed. Consequently, connected miscellaneous petition is closed. 19.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No TM To 1.The Sub-Divisional Magistrate/Sub-Collector,Seranmadevi Sub-Division, Seranmadevi, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J.

TM 19.01.2023 4/4