Manickam, S/O.Sinnan v. The District Revenue
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.10514 of 2017 Manickam : Petitioner -Vs1.The District Revenue Divisional Officer, Kulithalai, Karur District.
2.The Inspector of Police, Kulithalai Police Station, Karur District.
3.Velmurugan 4.Periyasamy : Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to initiate proceedings under Section 145 of Cr.P.C., against the respondents 3 and 4 and their henchman.
For Petitioner : Mr.R.Murugappan For Respondents 1&2 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader **********
O R D E R
It appears that there is a dispute between the petitioner and the third and fourth respondents with regard to the enjoyment of a Well, which is alleged to be in the possession of the petitioner. In this regard, the petitioner has given a representation dated 16.03.2017 to the first and second respondents and has now filed the present Writ Petition for a direction to the first respondent to initiate proceedings under Section 145 Cr.P.C., against the third and fourth respondents.
2. In the considered opinion of this Court, such a direction cannot be issued, because, such proceedings can be initiated only when the Executive Magistrate is satisfied that there is likely to be a breach of peace and not otherwise. This Court cannot by a Mandamus direct the Executive Magistrate to arrive at a subjective satisfaction and initiate Section 145 Cr.P.C., proceedings. That apart, the dispute appears to be a private dispute between the petitioner and the third and fourth respondents, in which, a proceedings under Section 145 Cr.P.C., cannot be initiated, unless it is likely to spill over resulting in breach of peace. Under https://hcservices.ecourts.gov.in/hcservices/
such circumstances, the Writ Petition is closed with liberty to the petitioner to work out his remedies in the manner known to law. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Revenue Divisional Officer, Kulithalai, Karur District.
2.The Inspector of Police, Kulithalai Police Station, Karur District.
+1cc to SPECIAL GOVERNMENT PLEADER in SR. No.59059 +1cc to M/s. R.MURUGAPPAN Advocate in SR. No.58951 SML JS/SV/SAR.3/13.6.2017/2P-5C Order made in W.P.(MD)No.10514 of 2017 Dated: 07.06.2017 https://hcservices.ecourts.gov.in/hcservices/