Mahendran vs S.Rathinavel Pandiyan
2021 Latest Caselaw 23565 Mad

                                                                           Crl.O.P.(MD)No.17323 of 2021



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 01.12.2021

                                                      CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P.(MD)No.17323 of 2021
                                                      and
                                      Crl.M.P.(MD) Nos.9429 & 9430 of 2021

                     1.Mahendran
                     2.Pushpavanam
                     3.Rajasekar                                              ... Petitioners/
                                                                                  Accused 1 to 3
                                                             vs.

                     S.Rathinavel Pandiyan,
                     The Tahsildar,
                     Taluk Office,
                     Thiruppuvanam – 630611.                                  ... Respondent/
                                                                                  Private
                                                                                  Complainant

                     PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
                     call for the entire relevant records connected to a private complaint filed
                     by the respondent before the learned Special Court (Principal District
                     Sessions Court) for the offence of Mines and Mineral (Development and
                     Regulation) Act, 1957, Sivagangai in Spl.C.C.No.41 of 2021 and quash
                     the same as illegal as against the petitioners.


                                   For Petitioners      : Mr.R.Senthilkumar

                                   For Respondent       : Mr.M.Sakthi Kumar
                                                          Government Advocate (Crl.)
https://www.mhc.tn.gov.in/judis
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                                                                              Crl.O.P.(MD)No.17323 of 2021




                                                          ORDER

Heard the learned counsel on either side.

2. This Criminal Original Petition has been filed to quash the

proceedings in Special C.C.No.41 of 2021 on the file of the Special

Court for Mines Act, Sivagangai.

3. The learned counsel appearing for the petitioners would point

out that as per G.O.(Ms).No.170 (Industries (MMC2) Department) dated

05.08.2020, it is only the jurisdictional Revenue Divisional Officer

(RDO), who can make a private complaint of this nature. In this case,

Revenue Divisional Officer (RDO) has not filed the complaint. It is only

the Tahsildar, who has filed the complaint.

4. I must concur with the aforesaid contention advanced by the

learned counsel appearing for the petitioners. But what stands in the way

of granting relief is the fact that a learned Judge of this Court vide order

dated 26.04.2021 in Crl.R.C.(MD)No.706 of 2020 had directed the

District Collector to depute a Revenue official not below the rank of

Tahsildar to file a private complaint before the Special Court and the

same was taken up along with the police case filed in C.C.No.32 of 2020. https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.17323 of 2021

5. The District Collector, Sivagangai, gave authorization, vide

order dated 14.07.2021, deputing the Revenue Divisional Officer (RDO)

to file a private complaint. In fact, authorization of the District Collector

is in consonance with G.O.(Ms).No.170 (Industries (MMC2)

Department) dated 05.08.2020. But I cannot pass an order which may

work at cross purposes with the order passed by another Hon'ble Judge

of this Court. Therefore, I am not in a position to grant the relief to the

petitioners herein. All the contentions of the petitioners are left open.

This Criminal Original Petition is dismissed. However, the Special Court

is directed to conclude the proceedings in Spl.C.C.No.41 of 2021 on

merits and in accordance with law within a period of three months from

the date of receipt of a copy of this order.

6. Taking note of the overall facts and circumstances, the personal

appearance of the petitioners before the Court below is dispensed with.

The Special Court shall insist the personal appearance of the petitioners

only when it is absolutely necessary and imperative. The petitioners shall

be called upon to appear in person before the trial Court at the time of

answering the charges and at the time of examination under Section 313

Cr.P.C., and at the time of pronouncement of judgment. On all other https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.17323 of 2021

occasions, the petitioners can be represented through their counsel.

Consequently, connected miscellaneous petitions are closed.

01.12.2021

Index : Yes/No Internet : Yes/No csm/mga

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 Tahsildar, Taluk Office, Thiruppuvanam – 630611.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.17323 of 2021

G.R.SWAMINATHAN, J.

csm/mga

Crl.O.P.(MD)No.17323 of 2021 and Crl.M.P.(MD) Nos.9429 & 9430 of 2021

01.12.2021

https://www.mhc.tn.gov.in/judis