Madras High Court
K.Seenivasan vs The Sub Collector on 9 April, 2021
Crl.OP(MD)No.2057 of 2021.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.2057 of 2021
K.Seenivasan ... Petitioner
Vs.
1.The Sub Collector,
Office of Sub-Collector,
Periyakulam,
Theni District.
2.K.Bhaskaran ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C,
directing the first respondent to complete the proceedings of the petition
dated 15.06.2020 filed under Section 145 Cr.P.C within the period as
stipulated by this Court.
For Petitioner : M/s.A.Haja Mohideen.
For R1 : Mr.R.Srinivasan
Government Advocate (Crl.Side)
For R2 : Mr.J.Barathan
ORDER
The petition has been filed to direct the first respondent to complete
the proceedings of the petition dated 15.06.2020.
https://www.mhc.tn.gov.in/judis/
Crl.OP(MD)No.2057 of 2021.
2. The second respondent and the petitioner are brothers. The
properties in S.Nos.792 and 793/1 to an extent of 4 acres 60 cents in
E.Pudhukootai Village belongs to the petitioner and his brother and the
properties in S.Nos.358/4 and 359 to an extent of 4 acres 10 cents belongs
to their mother. After the death of their mother, in a family arrangement, all
others siblings received money in respect of their shares and the properties
were allotted jointly to the petitioner and the second respondent. Similarly,
the property in S.No.359 to an extent of 40 cents and S.No.358/4 to an
extent of 13.5 cents, which belongs to their father also jointly enjoyed by
the petitioner and the second respondent.
3. Later, the second respondent approached the petitioner for sale of
his right of half shares in the property in lieu of cash amount. It was reached
as Rs.6,00,000/-. He received Rs.1,00,000/- as advance and an agreement
was also executed and the balance amount of Rs.5,00,000/- to be paid.
Later, the second respondent has filed a suit in O.S.No.36 of 2010 against
the petitioner. In which, the petitioner deposited the balance sale
consideration of Rs.5,00,000/-. But, the suit was dismissed. Against which,
an appeal in A.S.No.3 of 2018 was filed. That was also dismissed. Now, the
petitioner taking steps to file a Second Appeal.
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Crl.OP(MD)No.2057 of 2021.
4. Because of the dispute between the petitioner and the second
respondent, criminal cases were also filed against each other. So, the
petitioner gave a complaint to the Police on 06.12.2006, 26.03.2007 and to
the Superintendent of Police on 08.03.2010. In spite of that trouble
continued. The second respondent prevented the petitioner and his family
members to use the common well and the electricity services connection.
So, the petitioner sent a petition to the first respondent on 15.06.2020 under
Section 145 Cr.P.C against the second respondent. Based upon the petition,
the Village Administrative Officer has conducted enquiry and submitted a
report on 25.07.2020. The Revenue Inspector has also submitted his report
on 14.08.2020. But, that there was no action.
5. So, this petition is filed seeking a direction to the first respondent
to complete the enquiry within a time prescribed by this Court by
considering the representation, dated 15.06.2020.
6. Heard both sides.
7. It is seen that because of a land dispute between the petitioner and
the second respondent a suit in O.S.No.36 of 2010 was filed by the second
respondent against the petitioner. That was decreed against the petitioner
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Crl.OP(MD)No.2057 of 2021.
and an appeal was filed by the petitioner became to be dismissed. Now,
according to the petitioner, he is taking steps to file Second Appeal since the
competent Civil Court has taken a decision in favour of the second
respondent. The contention on the part of the petitioner is that the second
respondent disturbed the enjoyment of the common well and the electricity
connection. So, the petitioner sent a petition filed, under Section 145 Cr.P.C
to the first respondent, dated 15.06.2020.
8. When a petition is presented, the first respondent is to consider the
same and pass orders on merits by keeping in mind the judgments passed by
the competent Civil Court. So, the first respondent is directed to consider
the petition given by the petitioner, dated 15.06.2020, and pass orders on
merits within a month from the date of receipt of a copy of this order.
9. With the above direction, this Writ Petition is disposed of. No
costs.
09.04.2021
Index : Yes/No
Internet : Yes/No
dss
https://www.mhc.tn.gov.in/judis/
Crl.OP(MD)No.2057 of 2021.
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Sub Collector,
Office of Sub-Collector,
Periyakulam,
Theni District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.OP(MD)No.2057 of 2021.
G.ILANGOVAN. J.
dss
Crl.O.P.(MD)No.2057 of 2021
09.04.2021
https://www.mhc.tn.gov.in/judis/
