LAWS(MAD)-1988-9-12

VENKATAKRISHNAN Vs. STATE OF TAMIL NADU

Decided On September 08, 1988
VENKATAKRISHNAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This is a petition filed under S.482 Cr. P.C. to quash the proceedings in M.C. 32 of 1984, on the file of the Revenue Divisional Officer and Sub-Divisional Magistrate, Thiruthuraipoondi.

(2.) The Inspector of Police, Thiruthuraipoondi, laid a report before the Executive Magistrate that there is a dispute between the petitioners (A party) and the counter petitioners (B party) respecting as to who is entitled to the possession of the property in Survey No. 64/5 measuring an extent of 32 cents situate in Vezhur village, Thiruthuraipoondi Taluk. The Magistrate took the case on file as M.C. 32 of 1984 and after considering the materials available on records passed an order prohibiting both the parties from entering into the property. This order was challenged before the Sessions Court of East Thanjavur at Nagapattinam in Crl. R.C. 5 of 1985, which was also dismissed confirming the order of the Executive Magistrate. The present petition is filed questioning the legality of the order of the Session Judge confirming the orders passed by the Magistrate.

(3.) Learned counsel appearing for the petitioners would submit that the impugned order suffers from grave illegality of not deciding the party in possession of the property. He would amplify the arguments by stating that it is incumbent upon the Magistrate to decide the question of possession in favour of one or other of the parties in the proceedings under S.145, Cr. P.C., and if he is unable to decide such question, he is to act under S.146, Cr. P.C., attaching the subject of dispute and appointing a Receiver. He has not even done this. In such a state of affairs he would contend that the order passed by the Magistrate is totally without jurisdiction and therefore the same deserved to be quashed.