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2020 Supreme(Mad) 1867
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. PONGIAPPAN, J.
Revathy & Others - Appellants
Versus
State Represented by the Inspector of Police, Athiramapattinam Police Station, Thanjavur & Another - Respondents
CRL OP(MD) Nos. 8646 & 8123 of 2020 & W.P.(MD) No. 8329 of 2020 & M.P.(MD) Nos.7730 & 7731 of 2020
Decided on : 24-09-2020
Veerakathiravan, Senior Counsel, S. Chandrasekar, Additional Public Prosecutor, M. Ramu, G. Abraham Prabhu, Advocates.
The absence of a civil court decree renders the impugned order based on revenue records valid, and without evidence of title and possession, the petitioners' claims are not tenable.
Headnote:
Criminal Original Petition - Civil Dispute - Code of Criminal Procedure, Section 482 - 145 Cr.P.C. - 337/1, 344/1A, 345/1, 345/1B, 347/1, 348/1, 348/2 - The court discussed the ownership of disputed lands, the role of the Sub-Collector, and the application of Section 145 Cr.P.C. in resolving the dispute.
Fact of the Case:
The petitioners sought protection for their possession and enjoyment of lands, claiming ownership based on oral purchase and long-term possession. They alleged interference by the fourth respondent and police, leading to an impugned order under Section 145 Cr.P.C.
Finding of the Court:
The court found that the petitioners' claims lacked evidence of title and possession, and the impugned order was valid as it reflected the revenue records and the absence of a civil suit.
Issues: Ownership and possession of disputed lands, validity of impugned order under Section 145 Cr.P.C., interference by the fourth respondent and police, and the application of Section 482 of Cr.P.C.
Ratio Decidendi: The court held that without a civil court decree, the impugned order based on revenue records was valid, and the petitioners' claims lacked evidence of title and possession.
Final Decision: The Writ Petition and Criminal Original Petitions were dismissed, and the connected Writ Miscellaneous Petitions were closed.
JUDGMENT :
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent not to interfere with the petitioner's civil dispute in respect of the lands in S.Nos.348/1, 348/2, 347/1, 354/2, 354/3, 355/8A and 355/8D, situated at Thambaramkottai North Revenue Village, Pattukkottai Taluk, Thanjavur District.
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent Police to provide adequate police protection to the petitioners for erecting and construing a fence in/around their lands bearing Survey Nos.337/1, 344/1A, 345/1, 345/1B, 347/1, 348/1 and 348/2, situated at Rasiyangadu Village, Pattukkottai Taluk, Thanjavur District.
Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka./4243/2019/A3, dated 31.01.2020, under Section 145 of Cr.P.C., passed by the first respondent, quash the same and consequently, direct the respondents 1 to 3 not to interfere in civil dispute between the petitioner and the fourth respondent herein.)
1. Since the issue involved in all these three matters is one and the same, by consent, all the matters are heard together and disposed of by this common order.
2. The learned counsel appearing for the petitioner in W.P.(MD)No.8329 of 2020, has filed a Memo stating that due to typographical error, the fourth respondent's name has been wrongly mentioned in the petition as M.S.Samsudeen in stead of M.S.Saipudeen in the cause title and therefore, he prayed to accept the said Memo and rectify the fourth respondent's name as M.S.Saipudeen. The said Memo is recorded.
3. The petitioner in W.P.(MD)No.8329 of 2020 viz., Revathy and the petitioner in Crl.O.P.(MD)No.8646 of 2020 is one and the same person. Similarly, the fourth respondent in W.P.(MD)No.8329 of 2020 viz., M.S.Saipudeen and the second respondent in Crl.O.P.(MD)No.8646 of 2020 is one and the same person. Crl.O.P. (MD)No.8123 of 2020 has been filed by the said M.S.Saipudeen and his two brothers viz., Tajudeen and Nizamudeen against the writ petitioner - Revathy, the Inspector of Police, Adiramapattinam G-3 Police Station, Adiramapattinam, Pattukkottai and two other individuals viz., Karnan and Subramanian.
4. The grievance of the writ petitioner/petitioner in Crl.O.P.(MD)No.8646 of 2020 is that, the land in S.Nos.348/1 measuring an extent of 52 Ares, 348/2 measuring an extent of 60 Ares, 347/1 measuring an extent of 2.14.50 Hectares, 354/2 measuring an extent of 1.50 Ares, 354/3 measuring an extent of 76.50 Ares, 355/8A measuring an extent of 75.50 Ares and 355/8D measuring an extent of 4 Ares, totalling 4 Hectares and 84 Ares, situated at Thambaramkottai North Revenue Village, Pattukkottai Taluk, Thanjavur District, are under her possession and enjoyment.
5. The writ petitioner's grandfather viz., Aran.Ambalam orally purchased the above said lands from one Hanifa Marakaiyar before 70 years back and the said Hanifa Marakaiyar, who was a very busy businessman and was not able to execute the sale deed, despite that the writ petitioner's grandfather paid the entire sale consideration amount. The writ petitioner is enjoying the said lands as a 3rd generation, without any disturbance from others. The legal heirs of the said Hanifa Marakaiyar are aware of the writ petitioner's enjoyment even till now.
6. The writ petitioner's father viz., Thangavel got house assignment Patta in respect of S.No.347/2. The other lands, which are now under dispute, are surrounding the said survey number. The grandfather of the writ petitioner planted coconut trees in the above said lands and the writ petitioner is harvesting the same. Likewise, others persons belonging to the writ petitioner's Village also similar nature of enjoyment as that of the writ petitioner herein.
7. Though the father of the writ petitioner has ta
