Important Point
Where a dispute concerning property had already been taken cognizance by a civil court, proceedings before Magistrate u/s. 145 Cr.P.C. ought not be initiated.

ORDER

S. Ashok Kumar, J.—This Criminal Original Petition has been filed by the petitioner to call for the records and quash proceedings in M.C. No. 33 of 2003 pen-ding on the file of the first respondent, viz., Executive Magistrate cum Revenue Divisional Officer, Ramanathapuram.

2. The brief facts of the case are as follows :-

The petitioner and his brothers are co-owners of two theatres viz., Jagan and Mini Jagan situated in the same Complex at Ramanathapura. Both the theatres were originally run by their father and after his demise, the theatres devolved on the petitioner, second res-pondent and others as a joint family property. C-form licence of the theatres also been issued in the name of individuals, thus evidencing the fact that they are co-owners.

3. According to the petitioner he purchased one erstwhile Thangam Theatre in the month of March, 2003, where his wife, in-laws and himself are partners. After the purchase it has been renamed as RAMESH THEATRE. But his brothers did not like the purchase of the Ramesh Theatre by the petitioner. But the objection did not sustain. Therefore the brothers of the petitioner approached the District Collector and influenced him to ask the petitioner to hand over the keys of the theatres to other co-owners since huge amounts are due to the petitioner from the Salt Factory by his brothers, they permitted him to run the above theatres until his dues are settled. Therefore, it is with their consent, know-ledge and understanding the petitioner is running the above theatres. Since the District Collector heavily pressurised and threatened the petitioner to hand over keys of the theatre, he served legal notice to the District Collector and also the Revenue Divisonal Officer, Ramanatha-puram. Even though the District Collector is the licencing authority for theatres in respect of the District, due to compelling circumstances, the petitioner went to the extent of issuing notice to the District Collector and R.D.O. After receipt of notice, the Licensing Authority sus-pended the C-Form licence in respect of Ramesh Theatre. But, by the order passed by this court in WPMP. No. 27999 of 2003 in W.P. No. 22636 of 2003, the impugned order of suspension has been stayed which order has been subsequently made absolute by order dated 4-9-2003.

4. Thereafter the co-owners influ-enced the first respondent through the District Collector to initiate proceedings under Section 145 Cr.P.C., alleging that on 1-7-2003, the petitioner took forcible possession of the theatres with the help of 30 rowdy elements. Such a complaint was given to the Revenue Divisional Officer 22 days later to the said occur-rence. The Police Report does not

contain that the petitioner forcibly dispossessed the co owners. On the other hand the report says that the petitioner continues to be in possession of the theatres and there is no whisper about bringing rowdy elements and forcibly dispossessing the 2nd respondent and his brothers. Therefore the entire procee-dings of the RDO is void ab initio and illegal.

5. The petitioner filed Crl.O.P. No. 28404 of 2003 to set aside the notice dated 6-8-2003 of the first respondent. While setting aside the said notice this court gave liberty to the R.D.O., to proceed afresh. Thereafter, the Collector sus-pended the C-Form licence of the two theatres Jagan and Mini Jagan indefi-nitely. This was challenged by the petitioner in WPMP. No. 34365 of 2003 in WP No. 28115 of 2003 and by order dated 15-10-2003, this Court has given liberty to the petitioner to run the theatres till the expiry of the filing of the appeal time and further directed the authorities not to implement the order of suspension.

6. In the above background the first respondent has issued another notice dated 11-10-2003 which was served on 13-10-2003 by 9.00 pm., asking the petitioner and the second respondent to appear for an enquiry of 16-10-2003 at 5.00 pm., by filing documents in support of their case. The notice is also