Madras High CourtCRL OP(MD)/10813/2018clarified

Subbiah v. The Superintendent Of Police

2018-08-21Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.10813 of 2018 1.Subbaiah 2.Periyayya 3.Velu ... Petitioners Vs.

1. The Superintendent of Police Sivagangai.

2. The Deputy Superintendent of Police, Tirupathur.

3. The Sub Inspector of Police, Nachiyapuram Police Station

4. The Thasildar, Karaikudi.

... Respondents (R4 impleaded as per order of this Court made in Crl.M.P.(MD) No.5393 of 2018 in Crl.O.P.(MD)No.10813 of 2018) Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents not to interfere with the construction of temple house which is situated at Survey No.120/3, Koothalur Village and Panchayat, Karaikudi Taluk, Sivagangai District.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for a direction to the respondents not to interfere with the construction of temple house which is situated at Survey No.120/3, Koothalur Village and Panchayat, Karaikudi Taluk, Sivagangai District. 2.Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.side) for the respondents. Perused the materials placed on record.

https://hcservices.ecourts.gov.in/hcservices/

3.When the matter is taken up for hearing the learned Government Advocate (Crl.side) submitted that the matter is referred to the Revenue Divisional Officer / Executive Magistrate under Section 145 Cr.P.C. Now, enquiry is pending before the concerned Executive Magistrate. Therefore, at this stage the Police do not have any role to play.

4.In view of the above development, no further adjudication is required in this Criminal Original Petition. Accordingly, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(JR-J) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Superintendent of Police Sivagangai.

2. The Deputy Superintendent of Police, Tirupathur.

3. The Sub Inspector of Police, Nachiyapuram Police Station

4. The Thasildar, Karaikudi.

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

+1cc to Mr.RM.Arun Swaminathan, Advocate Sr.No.79554 GNS VB/PM/SAR2/12.10.2018/2P/7C Crl.O.P.(MD)No.10813 of 2018 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/