All these petitions have been filed by the petitioner against the order passed by the learned Judicial Magistrate, Merur, by which the final report filed was returned stating that the only offence under Section 21(1) MMDR Act alone is made out and for that, a separate complaint under the Act is necessary. The learned Judicial Magistrate, Melur, while returning the final report, assigned the following reasons:

" The Deputy Superintendent of Police, District Crime Branch, Madurai resubmitted the Charge Sheet as per the direction of the Honorable Chief Judicial Magistrate, Madurai, in his order in R.O.C.No.1258/15/A1 dt.18.03.15.

The Charge Sheet was returned on 13.11.14 and endorsed to that effect.

The Charge Sheet disclosed the fact that the accused are conducting mining operation. But they violated the license which issued by the authority and taking granite blocks from adjacent Promboke lands with intention of getting unlawful gain and stored the said blocks on the Harijana grave yard.

Regarding the nuisance RDO has power to take action U/S 133 CrPC and for the encroachment also. Revenue Officials are having power to evict the encroachment.

There is no doubt that the accused