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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, J
Krishnamurthy M. and Others v. Sub-Divisional Magistrate-cum Revenue and Another
| Table of Content |
|---|
| 1. the necessity for previous incidents in s. 107 proceedings. (Para 1 , 1 , 2 , 3) |
| 2. historical context of public peace measures in law. (Para 4 , 8) |
| 3. judicial interpretation on initiating proceedings for preventive measures. (Para 9 , 10 , 11) |
| 4. judicial review limits of show-cause orders. (Para 12 , 14 , 19) |
1. The circumstances under which this Division Bench came to be constituted for deciding the issues arising in this reference require to be recapitulated, for which, it may be necessary to briefly state the factual matrix.
[a] On 24.05.2015, two groups, categorised as "A" party and "B" party, lodged complaints against each other before the Inspector of Police, Gandhikuppam Police Station, based on which, petition enquiries were being conducted in CSR Nos.74 of 2015 and 75 of 2015. According to the members of "A" party, the land in Survey No.562/2AB measuring 1.38 acres belongs to them and the members of "B" party are contending that the said land belongs to Bharathamatha Temple and were asserting their right to hold the Mahabaratham festival. The police, apprehending a breach of peace, registered an FIR in Cri.No.202 of 2015 and forwarded a report to the Execu
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