Malarvizhi v. The Revenue Disvisional

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.10091 of 2017 and W.M.P.(MD) No.7737 of 2017 Malarvizhi ... Petitioner -vs1.

The Revenue Divisional Officer, Usilampatti, Madurai District.

2.

Asha Pandi 3.

P.Ochchu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorari to call for the records from the 1st respondent in her proceedings in Na.Ka.2741/2017/Aa3 dated 09.05.2017 and quash the same and pass such further or other orders as this Honourable Court may deem fit and proper and thus render justice.

For Petitioner :Mr.N.Sathish Babu For R1 :Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to quash the proceedings of the 1st respondent in Na.Ka.2741/2017/Aa3 dated 09.05.2017.

2. On account of dispute between two groups, the 1st respondent has initiated proceedings under Section 145 Cr.P.C. and has passed an interim order, injuncting both the parties from proceeding with the construction work in the disputed property pending disposal of the proceedings. Challenging the said interim order, the petitioner, who belongs to 'B' party is before this Court.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the State.

4. In the considered opinion of this Court, the interim order passed by the Revenue Divisional Officer / 1st respondent herein does not suffer from any infirmity, because, for the purpose of maintaining peace, such interim orders are essential, lest there would be outbreak of unnecessary violence and breach of peace. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the above, this petition is dismissed with further direction to the 1st respondent to complete the 145 proceedings within a period of two months from the date of receipt of a copy of this order, provided the petitioner co-operates with the 1st respondent, submits all the necessary records and takes part in the enquiry. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(cs-III) / True Copy / Sub Assistant Registrar(C.S.) To:

The Revenue Divisional Officer, Usilampatti, Madurai District.

+1 CC TO MR.N.SATHISH BABU, ADVOCATE, SR NO.58429 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.58579 ar MAS/KP/SAR1:12.06.2017:2P-4C W.P.(MD) No.10091 of 2017 05.06.2017 https://hcservices.ecourts.gov.in/hcservices/