Madras High CourtCRL OP(MD)/10243/2018disposed of

Vasuki, W/O.Tamilarasan v. The Sub Divisional Magistrate

2018-06-25Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.10243 of 2018 Vasuki ... Petitioner -vsThe Sub Divisional Magistrate-cumAsst. Collector, Devakottai Sub-Division, Sivagangai District.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to expedite the enquiry in the Proceedings nO.Na.Ka.A1/1565/2017, dated 18.07.2017 under Section 133 of Cr.P.C., within stipulated time framed by this Court.

For Petitioner : Mr.RM.Arun Swaminathan, For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

This petition has been filed praying to direct the respondent to expedite the enquiry in the Proceedings No.Na.Ka.A1/1565/2017, dated 18.07.2017 under Section 133 of Cr.P.C. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The learned counsel appearing for the petitioner would submit that the petitioner and their village people jointly made a representation to the Sub Divisional Magistrate-cum-Assistant Collector regarding the encroachment made by the local villagers for their personal purposes by way of fencing compound wall and floor steps etc. Thereafter, the respondent directed the Tahsildar to take action against the encroachers based on the G.O.Ms.No.540 by his proceedings No.O.Mu.A3/7701/2016, dated 25.10.2016, but sofar, no action has been taken and hence, the petitioner has filed the present Criminal Original Petition.

4.The learned Additional Public Prosecutor would submit that the aforesaid enquiry will be completed within two months. 5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of with a direction to the respondent to complete the enquiry in the https://hcservices.ecourts.gov.in/hcservices/

proceedings No.Na.Ka.A1/1565/2017, dated 18.07.2017, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order, after providing an opportunity to both parties.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Sub Divisional Magistrate-cum- Assistant Collector, Devakottai Sub-Division, Sivagangai District.

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

+1cc to Mr.RM.Arun Swaminathan, Advocate in SR. No.69623 am MK/KKR/SAR 2/05.07.2018/2P/4C CRL.O.P.(MD)No.10243 of 2018 25.06.2018 https://hcservices.ecourts.gov.in/hcservices/