JUDGMENT :

R.SUBRAMANIAN, J.

Prayer: Criminal Revision filed under Section 397 read with 401 of the Code of Criminal Procedure, praying to call for the records pertaining to the impugned order in Crl. M.P.No.586 of 2021 in SC No.5 of 2020 dated 11.07.2022 on the file of the Principal District and Sessions Judge, Ramanathapuram and set aside the same by allowing this Criminal Revision Petition.

This Criminal Revision is before us consequent upon a reference made by Hon’ble Mr.Justice G.Ilangovan, who noted conflicting views that were expressed by various Hon’ble Judges of this Court on the applicability of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 to damage caused to private property in certain circumstances.

2. The question that has been referred to the Bench by the Hon’ble Mr.Justice G.Ilangovan, is as follows:

“Whether or not, the offence causing loss or damage to the private properties during private dispute between two groups or individuals can be investigated and tried as per the provisions of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 as amended by Act 46 of 1994.”

3. The law relating to prevention of damage to public property was codified as a separate enactment by the Parliament which introduced the Prevention of Damage to Public Property Act, 1984. The said Act sought to carve out certain Acts causing damage to public property as a criminal offence and prescribed a punishment for the same. This led to various States passing various enactments covering the subject viz. Prevention of Damage to Public Property.

4. As far as the State of Tamil Nadu is concerned, the State Legislature had enacted the Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1982, which is a very short legislation with only seven Sections. The said enactment while criminalising a mischief with respect to Public Property provided for punishment and the word ‘mischief’ was to take the same meaning as the one defined under Section 425 of the Indian Penal Code. The said enactment dealt with only properties owned by public entities. upon the enactment of the 1984 Act by the Parliament, the 1982 Act naturally became void and unenforceable. The State Legislature therefore, enacted what is known as the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (hereinafter referred to as ‘the 1992 Act’). The 1992 Act was enacted after repealing the 1982 Act. The 1992 Act apart from incorporating the provisions of the 1982 Act also extended its scope and created a machinery for grant of compensation for the loss caused to property. The 1992 Act, as it was originally enacted, applied only to public property and it was titled as Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

5. Section 2(4) of the said Act defined Public property as property movable or immovable or machinery owned by or in possession of or under the control of –

(a) the Central Government; or

(b) the State Government; or

(c) any local authority; or

(d) the Tamil Nadu State Electricity Board; or

(e) any University in this State; or

(f) any co-operative society including a land development bank registered or deemed to be registered under the Tamil Nadu Co-operative Societies Act, 1983; or

(g) any corporate body constituted under any Act passed by Parliament or the Legislative Assembly of this State; or

(h) any other corporation owned or controlled by the Central Government or the State Government; or

(i) any institution concern or undertaking; or

(j) any company.

6. In the charging Sections viz., Sections 3, 4, 7, 9 and 10 of the 1992 Act, the word ‘property’ was prefixed with a word public to give effect to the statement and objects of the Act viz. to criminalise mischief caused to public property and to provide for payment of compensation for loss caused due to such mischief. However, two years after enacting the Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 1992, the State Legislature thought it fit