ORDER

This petition has been filed by the petitioners/A1 to A3 to quash the case in P.R.C.No.3 of 2018 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District.

2. The second respondent's ancestral cemetery comprised in S.No.2350 is situated at Leppai Kudiyiruppu, Radha Puram Taluk, Tirunelveli, to an extent of 14 cents. The second respondent used this land for burying his relatives' bodies and the second respondent has been conducting prayer in the said cemetery. That being the situation, on 18.01.2009, at about 04.30 p.m, the petitioners are said to have trespassed into the above land and abused the second respondent and caused damages to the cemetery and also criminally intimidated the second respondent when the second respondent obstructed the said illegal activities and hence, the second respondent made a complaint to the jurisdictional Police Station and the same was registered in Crime No.86 of 2013 for the alleged offences under Sections 448, 427, 294(B) and 506(II) of IPC. Thereafter, investigation was conducted by the Inspector of Police, Panagudi Police Station, Tirunelveli District, and negative final report was filed before the learned Judicial Magistrate and the learned Judicial Magistrate without accepting the said report directed the Deputy Superintendent of Police, Valliyoor, Sub Division, to conduct further investigation and the same was challenged before this Court in Crl.OP(MD)No.16356 of 2019 by the petitioner. This Court has dismissed the same. Thereafter, the Deputy Superintendent of Police, Valliyoor, conducted further investigation and also filed positive final report before the learned Judicial Magistrate and the same was taken on file in P.R.C.No.3 of 2013 for the alleged offences under Sections 447, 297, 294(b), 506(ii) IPC & 3(1) of TNPPDL Act.

3. The petitioner filed this quash petition and raised two grounds.

i) Perusal of the entire materials filed along with the final report, do not point adequate materials to constitute the offences under Sections

447, 297, 294(b), 506(ii) IPC & 3(1) of TNPPDL Act.

ii) The Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, cannot be applied to the private properties and hence, offence under Section 4 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, is not made out and hence, he seeks quashment of the above said criminal proceedings.

4. The learned counsel for the petitioners submitted that the allegation stated in the FIR that the second respondent is in possession and enjoyment of the property as a legal owner on the date of the occurrence has not been established on the ground that they have purchased the property only on 25.02.2013. In the said situation, their case of alleged trespass and caused mischief to the cemetery of the second respondent's ancestors is not true one and hence, the allegations of criminal trespass and causing damages to the cemetery cannot fulfil the necessary ingredients as required under law. Apart from that, the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, was not applicable to the facts of the case.

5. This Court considered the learned Government Advocate (Crl.Side) who submitted that the Investigating Agency collected the adequate materials to constitute the offences under Sections 447, 297, 294(b), 506(ii) IPC & 3(1) of TNPPDL Act. Further, he also submitted that the Hon'ble Division Bench of this Court in Crl.R(MD)No.869 of 2022 held that Tamil Nadu Property (Prevention of Damage and Loss)Act, 1992, is applicable to the private properties also. Hence, he seeks for dismissal of the quash petition.

6. This Court considered the rival submissions made by the both counsels and perused the records and precedents relied upon.

7. The applicability of the Tamil Nadu Property (Prevention of Damage and Loss)Act, 1992, is decided by the Hon'ble Division Bench positively in the following terms:-

“26. The statement of objects and reasons of the amending Act of 1994 also states