Selvaraj v. The Sub Divisional Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2015 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD).No.21689 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.Selvaraj 2.Jeyanthi 3.Kumar 4.Gokuladhas 5.Stephen 6.Savithri 7.Thangaleela 8.Helen Leema .. Petitioners/Respondents Nos.1 to 4 and 9 to 12 Vs.

1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram Sub Division, Kanyakumari District.

...Respondent/Complainant

2.The Inspector of Police, Pudukadai Police Station, Kanyakumari District.

3.Suresh 4.Ramesh 5.Vijayakumar 6.Ponnupillai .. Respondents/Respondents Prayer: Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the order passed in A2.M.C.5/2015 dated 04.08.2015 on the file of Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram/first respondent herein so far as the petitioners are concerned.

For Petitioner :Mr.K.Samidurai For Respondent :Mrs.S.Prabha Government Advocate

O R D E R

This petition has been filed to quash the order dated 04.08.2015 passed in A2.M.C.5/2015 dated 04.08.2015 on the file of Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram, the first respondent herein.

2.Heard both sides.

3.When the matter is taken up for hearing, it is fairly represented https://hcservices.ecourts.gov.in/hcservices/

by the learned Government Advocate (crl. side) that the issue is covered by the decisions of this Court reported in (i) 2002 (1) MWN (Cr.) 151 (SOMASUNDARAM & OTHERS v. THE REVENUE DIVISIONAL OFFICER, DHARAPURAM AND ANOTHER) and (ii) 2006 (3) CTC 792 (PALANI AND OTHERS v. THE INSPECTOR OF POLICE, PUDHUKOTTAI POLICE STATION, PUDHUKOTTAI, THOOTHUKUDI DISTRICT AND OTHERS).

4.I have carefully considered the material available on record. In view of the settled position of law, I am of the view that the order passed by the Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram is liable to be quashed. Accordingly, the impugned order dated 04.08.2015 is quashed and this petition is allowed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar rj2 To 1.The Sub Divisional Magistrate cum Revenue Divisional Officer, Padmanabapuram Sub Division,Kanyakumari District. 2.The Inspector of Police, Pudukadai Police Station,Kanyakumari District. +one cc to Mr.K.Samidurai, Advocate in SR.NO.65989 CSL/SKS-RR/01.12.2015 2p/4c Crl.O.P.(MD).No.21689 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 18.11.2015 https://hcservices.ecourts.gov.in/hcservices/