Madras High CourtWP(MD)/16756/2019dismissed

M.Anbazhagan v. The Revenue Divisional Officer

2022-01-24Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2022

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and WMP(MD)No.13357 of 2019 1.M.Anbazhagan 2.Karunanidhi 3.Pattammal 4.Balasubramanian 5.Pandian 6.S.Rajarathinam 7.Lakshmanan ... Petitioners Vs.

1.The Revenue Divisional Officer, Sub Divisional Magistrate, Thanjavur District.

2.The State rep by The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

3.Dhanabal 4.Kanagasabai 5.Kasinathan 6.Selvaraj 7.Navaneethan 8.Jeyaram 9.Rajan 10.Ravi 11.Sampath 12.Prabakaran 13.Kuberan 14.Saravanan 15.Mariappan 16.Perumal 17.Satheesh 18.Vijayakumar 19.Sadasivam 20.Nithiyanandam 21.Nagaraj 22.Sankar 23.Kamalakannan 24.Pottumani 25.Maheswari 26.Marimuthu S/o.Kangamirthan 27.Jeyachandran 1/3

28.Loganathan 29.Baskaran 30.Tamil Selvan 31.Malathi 32.Palaniappan 33.Arumugam 34.Dharmaraj 35.Gajendran 36.Murugan 37.Thangavel 38.Marimuthu S/o.Rajabackiyam 39.Sasikumar 40.Subramanian S/o.Thirumeni 41.Sivakumar 42.Kandasamy 43.Subramanian S/o.Durai Manicka Gopalar, 44.Balasubramanian 45.Singaravelu ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, to call for the records of the impugned order passed by the 1st respondent in Pa.Mu.2594/2019/A3 dated 21.06.2019 and quash the same as illegal. For Petitioners : Mr.C.Arul Vadivel Alias Sekar For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor For R42 to R 45 : Mr.C.Bharathi

ORDER

This Writ Petition has been filed to quash the order passed by the first respondent in Pa.Mu.2594/2019/A3 dated 21.06.2019. 2.The impugned order passed by the Executive Magistrate cum Revenue Divisional Officer, Thanjavur District, exercising the power under Section 145 (1) of Cr.P.C., is under challenge, in this Writ Petition.

3. On perusing the impugned order passed by the Executive Magistrate cum Revenue Divisional Officer, Thanjavur District, dated 21.06.2019, this Court finds that after making elaborate discussion about the dispute between the 'A' party and the 'B' party, regarding the title over the property, the enquiry revealed that the property in dispute is in possession of 'B' party and therefore, the 2/3

possession should not be disturbed by the members of 'A' party and if there is any attempt to disturb their possession, the respondent police shall provide adequate protection to the 'B' party.

4. Section 145 of Criminal Procedure Code confers power to the Executive Magistrate to pass orders without reference to the merit or the right of any parties to possess the subject land in dispute and the order will not confer title to the both parties. But, to maintain peace, the possession of the property can be ascertained and the same can be protected. In this case, since there is no prima facie materials regarding the title, an interim order not to disturb the peaceful possession of the 'B' party ordered to maintain peace and tranquility.

5. The Writ Petition filed challenging the impugned order, is not sustainable. The parties shall workout their dispute regarding the title before the Competent Civil Court and any order or observation made by the learned Executive Magistrate cum Revenue Divisional Officer, Thanjavur District, under Section 145 (1) Cr.P.C proceedings, will not prejudice the merits of the parties claiming title.

6. As a result, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Revenue Divisional Officer, Sub Divisional Magistrate, Thanjavur District.

2.The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

and WMP(MD)No.13357 of 2019 24.01.2022 RK(09/02/2022) 3P 3C 3/3