John Peter v. The Revenue Divisional Officer/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)Nos.15418, 15419 and 15421 of 2020 John Peter
...Petitioner
Vs.
1.The Revenue Divisional Officer/ Divisional Magistrate, Uthamapalayam, Theni District.
2.The Inspector of Police Cumbam North Police Station, Cumbam, Theni District.
3.Hydhar Ali 4.Rajik 5.Shahul 6.Abbas
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, to call for the records relating with impugned summons in proceedings in M.C.No.020 of 2020 on the file of the first respondent and quash the same consequently, directing the second respondent to give adequate police protection to protect the petitioner's joint family properties in S.No.2226/1A2B and 2226/2 to an extent of 01.16.50 hectares in Uthamapalayam Taluk, Theni District in the guise of the decree and judgment in O.S.No.248 of 2006 on the file of the District Munsif Court, Uthamapalayam, Theni District. For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor for R1 & R2 Mr.Mahadevan for Mr.K.Saburkhan for R3, R5 and R6
ORDER
This Writ Petition is filed in the nature of Writ of Certiorarified Mandamus seeking to quash the impugned summons in proceedings in M.C.No.020 of 2020 passed by the first respondent and 1/3
consequently to direct the second respondent to give adequate police protection to protect the petitioner's joint family properties in S.No.2226/1A2B and 2226/2 to an extent of 01.16.50 hectares in Uthamapalayam Taluk, Theni District. 2.Heard the learned counsel on either side.
3.It is stated by the learned Additional Public Prosecutor for the respondents 1 and 2 that the summons were issued in the year 2020. It is also stated that both sides have already executed a surety bond before the Revenue Divisional Officer and pursuant to the same, the proceedings under Section 107 of Cr.P.C. has also been closed.
4.The said statement is recorded. In such view of the matter, nothing survives for further adjudication in this petition. 5.Hence, the Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Munsif, Uthamapalayam, Theni District. 2.The Revenue Divisional Officer/ Divisional Magistrate, Uthamapalayam, Theni District.
3.The Inspector of Police Cumbam North Police Station, Cumbam, Theni District.
2/3
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
10.02.2022 RD(01.03.2022) 3P 5C 3/3