Sulthan Syed Ibrahim v. The Revenue Divisional
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.6887 of 2015 and M.P(MD)No.1 of 2015 Sulthan Syed Ibrahim
...Petitioner
Vs.
1. The Revenue Divisional Officer/ Sub Divisional Magistrate, Pattukottai,
2. N.R.Renganathan, Revenue Divisional Officer, Pattukottai,
3. The Tahsildar, Pattukottai,
4. The Inspector of Police, Mathukkur Police Station, 1/6
5. Muniasamy, Inspector of Police, Mathukkur,
6. A.Thiayagamani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records of the impugned order dated 10.04.2015 made in Na.Ka.No.50/2015-A3 issued by the first respondent and quash the same.
For Petitioner : Mr.P.Arun Jayatram For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) for R1 to R5 : Mr.D.R.Murugesan
O R D E R
This writ petition has been filed seeking for issuance of Writ of Certiorari to call for the records of the impugned order dated 10.04.2015 made in Na.Ka.No.50/2015-A3 issued by the first respondent and quash the same.
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2. According to the petitioner, there is a civil dispute pending between the parties in O.S.No.5 of 2015 before the District Munsif Court, Pattukottai for the prayer of declaration declaring the sale deed dated 21.11.2014 in Doc.No.1219/2014 is null and void. The petitioner herein made complaint dated 09.01.2015 before the fourth respondent to take action as against the sixth respondent. Pursuant to the complaint, the fourth respondent returned the matter to the third respondent and the third respondent conducted Peace Committee Meeting on 13.01.2015 and resolved that the parties can approach the civil Court and get remedy. The sixth respondent herein made appeal dated 19.01.2015 and 09.03.2015 before the first respondent to set aside the order dated 13.01.2015.
The first respondent without issuing notice to the petitioner set aside the order dated 13.01.2015 and held that the dispute not come under Section 145 of Cr.P.C and directed the fourth respondent to give police protection as per the revenue records. Thereafter, the respondents 1 and 2 initiated proceedings under Section 145 of Cr.P.C in pursuant to the F.I.R, In Crime No. 15 of 2015, dated 13.01.2015 and issued notice in his proceedings in Na.Ka.No.50/2015-A3, dated 10.04.2015 and the same is challenged through this petition.
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3. When the matter is taken up for hearing today, the counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 5 represented that the matter has been settled between the parties, thereby, nothing survives for further adjudication in this petition.
4. In view of the submission made by the learned counsel appearing on either side, the matter has been settled between the parties, nothing survives for further adjudication in this petition. Hence, this Writ Petition is dismissed. No costs. Consequently connected Miscellaneous petition is closed.
07.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6
To
1. The Revenue Divisional Officer/ Sub Divisional Magistrate, Pattukottai,
2. N.R.Renganathan, Revenue Divisional Officer, Pattukottai,
3. The Tahsildar, Pattukottai,
4. The Inspector of Police, Mathukkur Police Station, 5/6
P.DHANABAL,J.
ebsi W.P(MD)No.6887 of 2015 07.07.2023 6/6