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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
K.Devamani Rep.by his son D.Prabakaran – Appellant
Versus
Sub Divisional Magistrate – Respondent
ORDER :
M.Nirmal Kumar, J.
Challenging the order dated 25.01.2024, passed by the 1st Respondent, under Sections 145, 145(i), 146 & 146(i) of Cr.P.C., by declaring that the 3rd respondent is entitled to retain the possession rights in respect of the land in R.S.No.48/3A/1/A of No.21, Thirunallar Revenue Village, measuring an extent of 00.53.57 H:A:Ca., the Petitioner / B-Party has filed the present Criminal Revision Case.
2. The gist of the case is that the 2nd Respondent apprehending breach of peace and public tranquillity due to dispute over the possession and title right claimed by the Petitioner / B party and 3rd respondent / A Party in R.S.No.48/3/A/1, Patta No.484 extent of 00.53.57 H:A:Ca. of Thirunallar Revenue Village. The 3rd respondent lodged a complaint that someone has illegally occupied the said property, put up a thatched hut, obtained House Tax receipts fraudulently from the Tirunallar Panchayat and applied for Electricity Service Connection. According to the 3rd Respondent / A Party, it is a family property and the property was settled by his grandmother Janaki Ammal W/o.Ayyasami Iyer, in favour of his mother Mallika and his brother Santosh Gopalakrishnan, Jayakumar, S
Possession rights under Sections 145 and 146 Cr.P.C. must be determined without infringing on principles of natural justice, particularly regarding notice and hearing.
Executive Magistrates cannot initiate proceedings under Section 145 Cr.PC if a civil suit related to the same property is ongoing, as it encroaches on civil jurisdiction without established emergency....
The main legal point established in the judgment is that criminal proceedings under Section 145 and Section 146(1) of the Code of Criminal Procedure, 1973 should only be initiated when there is a lik....
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
A preliminary order is nothing but foundation of jurisdiction of Magistrate, who draws proceeding.
A party cannot assert ownership or set aside property attachments if the property was previously alienated during a court-ordered attachment, regardless of purported ignorance of such order.
Intentional violation of an injunction order must be established for enforcement under Order XXI Rule 32 CPC.
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