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2000 Supreme(Mad) 1053

High Court of Judicature at Madras
The Honourable Mr. Justice B. Akbar Basha Khadiri
A.M. Krishnamurthy, Proprietor, M/s. Meena Granite Industries
Vs.
Sub Division Magistrate and Revenue Divisional Officer, Villupuram and others
Crl.R.C.No.506 of 2000 and Crl.Nos. 3923 and 4421 of 2000
Decided on: 02-11-2000

Advocates Appeared:
Mr. B. Kumar, Senior Counsel for Petitioner.
Mr. M. Babu Muthu Meeran, Government Advocate (Criminal Side) for Respondents Nos.1 and 2. and Mr.N.C. Ramesh, Advocate for Respondent No.3.

Headnote:

Criminal Revision - Dispute over Quarrying Rights - Code of Criminal Procedure, Section 145(1) - Summary of Acts and Sections: Section 145(1) of the Code of Criminal Procedure - The court discussed the jurisdiction of the Executive Magistrate to pass orders under Section 145(1) and emphasized the necessity of a preliminary order setting out the matter of dispute, cause of dispute, and its nature. The court also highlighted the imperative nature of complying with the requirements of Section 145(1) and the need for subjective satisfaction by the Executive Magistrate before passing orders.

Fact of the Case:

The case involved a dispute between M/s. Meena Granite Industries and M/s. Sokab Products Pvt. Limited over quarrying rights. The Executive Magistrate passed an order under Section 145(1) of the Code of Criminal Procedure, restraining M/s. Meena Granite Industries from quarrying work.

Finding of the Court:

The court found that the order passed by the Executive Magistrate suffered fundamental illegalities and therefore, set it aside.

Issues: The issues raised included the jurisdiction of the Executive Magistrate, the nature of the dispute, and the lack of subjective satisfaction in passing the order under Section 145(1).

Ratio Decidendi: The court emphasized the necessity of a preliminary order setting out the matter of dispute, cause of dispute, and its nature, and the imperative nature of complying with the requirements of Section 145(1) of the Code of Criminal Procedure.

Final Decision: The criminal revision was allowed, and the order passed by the Sub Division Magistrate and Revenue Divisional Officer was set aside.

Judgment :

1. The instant Criminal revision is against the order passed by the Sub Division Magistrate-cum-Revenue Divisional Officer, Villupuram on 30.04.2000 under Section 145(1) of the Code of Criminal Procedure.

2. This Criminal Revision has arisen in this way:-

The petitioner herein is the Proprietor of M/s. Meena Granite Industries. M/s. Meena Granite Industries owned Survey Nos.31/7, 30/1, 30/2, 30/4, 31/9, 37/2, 38/2 and 38/3 in Siruvannur Village. The petitioner also owned lands in Survey Nos. 12/1B, 7/2B and 7/4 in Kunnan Village. Siruvannur and Kunnan Villages lie in Vannur Taluk, Villupuram District. M/s. Meena Granite Industries had applied for quarrying granites in these survey lands. The third respondent herein M/s. Sokab Products Pvt. Limited has experience in granite quarrying and therefore, on 20.10.1992, M/s. Meena Granite Industries and M/s. Sokab Products Pvt. Limited entered into an agreement, whereunder M/s. Meena Granite Industries granted lease to M/s. Sokab Products Pvt. Limited to quarry the granite blocks for ten years with an option to renew the lease period. According to the M/s. Sokab Products Pvt. Limited, possession was also delivered to them. But, M/s. Meena Granites Industries contends that the agreement was entered into not with a view to grant lease or licence to quarry granite, but only to facilitate M/s. Sokab Products Pvt. Limited to obtain credit facilities from the Bank. According to M/s. Sokab Products Pvt. Limited, M/s. Meena Granite Industries also gave authorisation to them to represent to the authorities on behalf of M/s. Meena Granite Industries in seeking necessary permission and renewals for quarrying granites.

After agreement was entered into on 13.12.1992 and on 26.07.1993, permission granted by the Government to quarry the granite expired in relation to survey Nos.31/7, 30/1, 30/2 and 30/4 of Siruvannur Village and Survey Nos.12/1B, 7/2B in Kunnan Village. M/s. Meena Granite Industries filed two writ petitions seeking extension of time and accordingly they also preferred W.M.P.Nos. 6824 of 1994 seeking permission to quarry the granites and this Court granted permission on 25.4.1994. According to the third respondent herein, namely, M/s. Sokab Products Pvt. Limited, in pursuance of that permission, they were quarrying the granites in Survey Nos. 31/7 and 7/1. The petitioner herein caused obstruction to their carrying on quarry work. Therefore, M/s. Sokab Products Pvt. Limited filed a suit in O.S.No.278 of 1994 on the file of the Principal District Munsif Court, Dindivanam against M/s. Meena Granite Industries for permanent injunction restraining M/s. Meena Granite Industries from in referring with the plaintiff’s (third respondent herein) peaceful possession and enjoyment of the suit schedule mentioned properties till 19.10.2002, i.e., the date on which the agreement comes to an end. Along with the suit, M/s. Sokab Products Pvt. Limited filed I.A.No.1004 of 1994 seeking interim injunction. The learned Principal District Munsif, Dindivanam did not grant interim injunction, but adjourned the matter to 19.4.1994. Meanwhile, M/s. Sokab Products Pvt. Limited filed Writ Petition No.8717 of 1994 on the file of this Court seeking police protection for quarrying. They also filed W.M.P.No. 13200 of 1994 seeking interim police protection. This Court ordered police protection on 4.5.1994. But, M/s. Meena Granite Industries filed W.M.P.No. 14137 of 1994 for vacation of the interim order passed in W.M.P.No. 13200 of 1994. Accordingly, the interim order for police protection was vacated. As against that order, M/s. Sokab Products Pvt. Limited preferred Writ Appeal No.774 of 1994, but that writ appeal was dismissed on 7.6.1994.

3. Meanwhile, the learned Principal District Munsif, Dindivanam dismissed I.A.No.1004 of 1994 wherein M/s. Sokab Products Pvt. Limited sought for interim injunction restraining M/s. Meena Granite Industries from interfering with their peaceful possession and enjoym

























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