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Madras High CourtWP(MD)/4608/2021disposed of

Palaniselvi.S v. The Revenue Divisional Magistrate Cum Sub Collector

2022-03-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No.4608 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.4608 of 2021 and W.M.P(MD).Nos.3704 and 3706 of 2021 S.Palaniselvi ... Petitioner Vs.

1.The Revenue Divisional Magistrate cum Sub-Collector, Sivakasi, Virudhunagar.

2.The Inspector of Police, Srivilliputtur.

3.Oothumalai Paradesi Kattalai, Srivilliputtur through its Thakkar/ Fit Person and Executive officer of Sri Mayuranatha Swamy Temple, Pethavanallur, Rajapalayam, Virudhunagar.

...Respondents

Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for records relating to the impugned order of the first respondent in No.A2/M.C.03/2017 dated 11.01.2017 and quash the same.

For Petitioner : Mr.H.Arumugam For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) For R3 : Mr.V.Chandrasekar

ORDER

This Writ petition has been filed for a writ of Certiorari to call for the records relating to the impugned order of the first respondent in No.A2/M.C.03/2017 dated 11.01.2017 and quash the same.

2. Admittedly, the petitioner challenged the interim order passed by this Court and the impugned proceedings initiated under Section 145 Cr.P.C., is pending on the file of the first respondent in No.A2/M.C.03/2017.

3. The learned counsel for the petitioner submits that the sale deed executed in favour of the petitioner is challenged in the civil suit filed by the third respondent in O.S.No.8 of 2018 on the file https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.4608 of 2021 of the Sub Court, Srivilliputhur and the same may be considered while passing the order.

4. Therefore, the first respondent is directed to complete the proceedings initiated under Section 145 Cr.P.C. within a period of 12 weeks from the date of receipt of copy of this order. It is made clear that the first respondent is directed to issue notice to the petitioner and the third respondent herein and pass appropriate order on merits and in accordance with law.

5. The writ petition stands disposed of with the above observations. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Revenue Divisional Magistrate cum Sub-Collector, Sivakasi, Virudhunagar.

2.The Inspector of Police, Srivilliputtur.

3.The Thakkar/ Fit Person and Executive officer of Sri Mayuranatha Swamy Temple, Oothumalai Paradesi Kattalai, Srivilliputtur Pethavanallur, Rajapalayam, Virudhunagar.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-14984[F] dated 28/03/2022 ) W.P (MD).No.4608 of 2021 25.03.2022 MGJ(13.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2