R.Ramalingam vs The Superintendent Of Police
2022 Latest Caselaw 1228 Mad

                                                                                 CRL.O.P.No.1517 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 27.01.2022

                                                        CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                                CRL.O.P.No.1517 of 2022
                     R.Ramalingam                                          ... Petitioner
                                                           Vs.
                     1.The Superintendent of Police,
                       Office of the Superintendent of Police,
                       Ariyalur District.

                     2.The Inspector of Police,
                       Kairlabath Police Station,
                       Thelur, Ariyalur District.                          ... Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the respondents not to harass the
                     petitioner by interfering in a civil dispute by considering the petitioner's
                     representation dated 31.12.2021.

                                  For Petitioner  :     Mr.A.V.Raja
                                  For Respondents :     Mr.E.Raj Thilak
                                                        Additional Public Prosecutor.

                                                         ORDER

This Criminal Original Petition has been filed to direct the

respondents not to harass the petitioner by interfering in a civil dispute by

considering the petitioner's representation dated 31.12.2021.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.1517 of 2022

2.The grievance of the petitioner is that the petitioner earlier had

filed a civil suit in O.S.No.185 of 1987, on the file of the District Munsif

Court, Ariyalur, in respect of land measuring an extent of 1.42cents, in

S.F.No.272/3, Konerirayampuram village, Ariyalur District. The

petitioner had purchased the said property on 12.07.1983 from

Poyyamozhi, the grandson of Muthusamy Padayachi. The petitioner is in

possession and enjoyment of the said property for the past 40 years and

his predecessors in title was in possession of the property for more than

60 years. During the year 1987, at the instigation of the Village

President, the Tahsildar, Ariyalur had attempted to classify the property

as Mayanam land, which was objected by the petitioner and filed a civil

suit in O.S.No.185 of 1987, before the District Munsif Court, Ariyalur,

and now, the petitioner had obtained decree in his favour and thereafter,

in the appeal in A.S.No.112 of 2008, the Additional District Judge,

Ariyalur, by judgment and decree dated 20.12.2010, dismissed the appeal

by confirming the petitioner's own uninterrupted possession and

enjoyment of the property. Thereafter, the revenue authorities failed to

issue patta/B memo in the name of the petitioner. Thereafter, the

https://www.mhc.tn.gov.in/judis CRL.O.P.No.1517 of 2022

petitioner had filed W.P.No.20921 of 2021. This Court by order dated

29.09.2021, directed the revenue officials to pass orders on the judgment

and decree of the Civil Court within a period of 16 weeks from the date of

the receipt of the order copy. The petitioner's contention is that after the

receipt of the order copy, the petitioner submitted his representation dated

27.12.2021, along with the order copy of this Court to the Tahsildar and

the same is pending. Further, on 29.12.2021 and 30.12.2021, the

petitioner appeared before the second respondent and gave explanations

about the status of the property and the petitioner's right over the

property, for the reasons best known, the Village Administrative Officer

and the second respondent are threatening the petitioner not to enter into

the property and not to cut the Savukku Casurina trees, which the

petitioner planted and cultivated. This unreasonable, illegal obstructions

has been made only for some vested interest. Having no other option, the

petitioner has filed this petition.

3.The learned Additional Public Prosecutor submits that the

complaint has been received and it is being considered.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.1517 of 2022

4.In view of the same, the petitioner is directed to appear before the

second respondent on 14.02.2022 along with this order and the Civil

Court order and the recently passed order of this Court and any other

supporting documents in support of his contentions. The second

respondent to summon the VAO and instruct the revenue authorities not

to interfere with the petitioner's peaceful enjoyment of the property and

also to permit petitioner to cut and take the harvest of Casurina

(Savukku) trees unless there is any order from the appropriate Court.

Investigation to be completed within a period of two weeks without delay.

5.With the above directions, this Criminal Original Petition is

disposed of.

27.01.2022

Index: Yes/No Internet: Yes/No sli Note: Issue Order Copy on 10.02.2022

To

https://www.mhc.tn.gov.in/judis CRL.O.P.No.1517 of 2022

1.The Superintendent of Police, Office of the Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Kairlabath Police Station, Thelur, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.1517 of 2022

M.NIRMAL KUMAR, J.

sli

CRL.O.P.No.1517 of 2022

27.01.2022

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