Crl.O.P.(MD)No.1747 of 2022

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

DATED: 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.(MD)No.1747 of 2022

and

Crl.M.P(MD)No.1267 of 2022

G.Sugumaran @ Sukumaran

... Petitioner/Sole Accused

Vs.

1.The State Represented by,

The Sub-Inspector of Police,

Aralvoimozhi Police Station,

Kanyakumari District.

(In Crime No.428 of 2021).

... 1^st Respondent/Complainant

2.Kalayani,

Village Administrative Officer,

Thazhakudi,

Kanyakumari District. ... 2^nd Respondent/Defacto Complainant

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C.,

to call for the records pertaining to the case registered in First

Information Report in Crime No.428 of 2021, dated 08.07.2021 on the

file of the first respondent and quash the same as illegal.

For Petitioner

: Mr.G.Anto Prince

For R – 1

: Mr.B.Thanga Aravindh

Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR

registered in Crime No.428 of 2021 on the file of the first

respondent.

2.Based on the complaint lodged by the second respondent, the

first registered the F.I.R in Crime No.428 of 2021 for the offences

under Section 379 of I.P.C and Section 21(1) of the Mines and

Minerals (Development and Regulation), Act, 1957 (hereinafter

referred to as 'the MMDR Act') alleging that on the complaint

received from the Chief Minister Special Cell, the second respondent

inspected the land comprised in Survey No.447/2 to an extent of

0.49.50 hectares belonged to the petitioner and he runs a brick kiln

in the said land and adjacent to his land, there is a Government

odai poramboke comprised in Survey No.447/1. The second respondent

1/8

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.1747 of 2022

found that the sand measuring 7020 cubic meter feet was accumulated

from

the

Government

odai

poramboke

in

Survey

No.447/1.

3.The learned counsel appearing for the petitioner would submit

that the petitioner had registered his brick kiln and having

manufacturing unit in his own patta land to an extent of more than 5

acres of patta land. He had got all prior permission in accordance

with law to run the brick kiln manufacturing unit, as per the

proceedings in ROC.No.77/G & M/2010, dated 09.04.20210. Since the

petitioner was granted permission, he had applied for renewal of

brick kiln registration certificate in respect of the land comprised

in Survey No.629/3 of Thazhakudi Village, Thovalai Taluk as per Rule

19(2) of the Tamil Nadu Minor Mineral Concession Rules, 1959.

Accordingly, his registration certificate was renewed and the lease

period was also extended from 11.09.2020 to 10.09.2023. Therefore,

the petitioner never committed any offence as alleged in the F.I.R

and the ingredients are not at all constituted any of the offence as

alleged by the prosecution. The petitioner did not take any single

unit of sand in the Government odai poramboke land comprised in

Survey No.447/1. Any offence committed under the MMDR Act,

cognizance can be taken by a Court only on a complaint made in

writing by a person authorized in this behalf and as such, the first

respondent has no jurisdiction to investigate the crime registered

under the MMDR Act. The MMDR Act is being a Special Act, a statutory

duty under Section 22 of the Act which makes the offences to be

taken into cognizance only in the form of a private complaint. In

the case on hand, the second respondent, who is being a Village

Administrative Officer, lodged the complaint and the Sub-Inspector

of Police attached to the first respondent registered the case. As

per G.O.Ms.No.114, Industries (MMC-1), dated 18.09.2000, the person

authorized to make the complaint would be the Revenue Officer not

below the rank of the Inspector of Police. Therefore, the present

F.I.R has been registered by the Sub-Inspector