The petitioner has filed this writ petition to quash the order dated 17.12.2015 passed by the learned Subordinate Judge, Namakkal in so far as it relates to the finding recorded therein that the learned Subordinate Judge is not empowered to deal with the present complaint purportedly about the non-joinder of the necessary party in the suit and to further direct the learned Subordinate Judge, Namakkal to conduct preliminary enquiry under Sec.340 of Criminal Procedure Code.

2. The brief facts which are necessary and essential for disposal of this writ petition are as follows:-

(i) The petitioner was carrying on business of manufacturing cosmetics under due licence. During the course of such business, when the petitioner was looking for a place to set up a factory, one Mr. Hariharan offered to give his land measuring 3055 square feet in Survey No.136V/3A1 of Pothanur Village, Namakkal District. After deliberations, the monthly rent was fixed at Rs.300/- apart from payment of taxes, maintenance and other charges, which worked out to Rs.1,200/- per month. Thus, the petitioner has to pay Rs.1,500/- per month in the form of lease rent. The lease was for a period of five years. Upon t