Crl.RC.No.1287 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.06.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

Crl.RC.No.1287 of 2018

and

Crl.MP.No.15101 of 2018

A.Chinnasamy (M/A. 65 years)

S/o.Annamalai Gounder,

M.Vetrapatti Pudur Village

Morappur Post,

Dharmapuri District.

... Petitioner

Vs.

1.The Sub Divisional Executive Magistrate and

Revenue Divisional Officer,

Harur, Dharmapuri District.

2.The District Revenue Officer,

Dharmapuri District,

Dharmapuri Collectorate Complex,

Dharmapuri -5.

3.The State Rep. by

The Inspector of Police,

Morappur Police Station,

Dharmapuri District.

(Crime No.126/2018)

4.Samikannu (M/A 45 years)

S/o.Kandan

5.Kumar (M/A 43 years)

S/o.Therththaan

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Crl.RC.No.1287 of 2018

6.Vimalan (M/A 48 years)

S/o.Palani

7.Kannan

8.Therthagiri

9.Murugan

10.Samikkannu

11.Ayyakannu

12.Varadhan

13.Adimulam

14.Jayaseelan

15.Gnanam

Respondents No.4 to 15 are residing at

Mottaiyampatti Village,

Harur Taluk,

Dharmapuri District.

... Respondents

Prayer: Petition filed under Section 397 r/w.401 of Criminal Proceedure Code

against the final order dated 25.09.2018 of the learned Sub Divisional

Executive Magistrate, Harur, Dharmapuri District made in

Na.Ka.No.4204/2018/A3 under Section 145 of the Criminal Proceedure Code,

restraining the Petitioners herein when the Civil Suit in O.S.No.78 of 2018 on

the file of learned District Munsif's Court, Harur, Dharmapuri District is

pending adjudication in the earliest point of time as earlier as 13.08.2018 with

regard to declaration of title and permanent injunction as against the “B” party

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Crl.RC.No.1287 of 2018

with regard to schedule mentioned property.

For Petitioner

: Mr.G.Saravanan

For Respondents

: Mr.V.J.Priyadarsana (for R1 to R3)

Government Advocate

Mr.R.Ezhilarasan (for R4 to R6)

O R D E R

This Revision Petition has been filed against the order dated 25.09.2018

of the learned Sub Divisional Executive Magistrate, Harur, Dharmapuri District

made in Na.Ka.No.4204/2018/A3 under Section 145 of the Criminal

Proceedure Code.

2.Learned counsel for the Petitioner submitted that in the impugned order

certain findings have been rendered and direction has been passed against the

Petitioner herein. As against the said order, Appeal has also been filed and the

same is pending before the District Revenue Officer, Dharmapuri.

3.After going through the impugned order, I find that it is only of interim

nature and Appeal is now pending before the District Revenue Officer,

Dharmapuri.

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Crl.RC.No.1287 of 2018

4.Learned counsel for the Petitioner draw my attention to the fact that the

learned Sub Divisional Executive Magistrate, Harur, Dharmapuri District in

proceedings under Section 145 of the Criminal Proceedure Code, determined

the rights of the parties dehors the pendency of the civil suit in O.S.No.78 of

2018, before the competent civil Court.

5.Hence, it is hereby made clear that the so called finding the of the

learned Sub Divisional Executive Magistrate, Harur, Dharmapuri District, is

only an observation, not ground to finding the title and parties are left open to

approach the civil Court. Therefore, the learned District Munsif, Harur,

Dharmapuri shall pass appropriate orders in O.S.No.78 of 2018, within a period

of three months from the date of receipt of a copy of this order.

6.With these observations, this Revision Petition is closed.

Consequently, connected Miscellaneous Petition is also closed.

06.06.2023

Index

: Yes/No

Neutral citation

: Yes/No

Speaking Order/Non-Speaking Order

sai

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Crl.RC.No.1287 of 2018

To

1.The learned District Munsif,

Harur, Dharmapuri.

2.The Public Prosecutor,

High Court,

Chennai.

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Crl.RC.No.1287 of 2018

RMT.TEEKAA RAMAN.J,

sai

Crl.RC.N