Madras High Court
G. Thangavel vs The Executive ... on 6 April, 2023
Crl.R.C.No.971 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.04.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.971 of 2020
and
Crl.M.P.No.6756 of 2020
G. Thangavel
S/o.Govindha ... Petitioner
Vs
The Executive Magistrate/Tahsildar,
Thirupathur Taluk,
Thirupathur District. ... Respondent
PRAYER : Criminal Revision Case has been filed under sections 397
read with 401 of Criminal Procedure Code to set aside the impugned
order passed by the Executive Magistrate/The Tahsildar, Thirupathur in
Na.Ka.Aa1/3614/2020 dated 19.10.2020.
For Petitioner : Mr.M.P.Saravanan
For Respondent : Mr.Kishore Kumar
Government Advocate
ORDER
The petitioner herein, being aggrieved by the order passed
by the Executive Magistrate/Tahsildar, in exercise of power under
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.971 of 2020
Section 133 of Cr.P.C, directing him to remove the fencing in his land has
approached this Court by way of revision petition stating that Survey
No.563/2, 564/1B and 564/2B belongs to his ancestors and a cart track 7
feet was used for the personal convenience. While the property was
divided among the brothers, they tried to fence their land for better
protection and utilisation. However, the Tahsildar suo-motu has passed
the impugned order directing the petitioner to remove the fencing
alleging that the pathway is used by the general public and if it is fenced,
it will cause threat and danger to public tranquillity and peace.
2. The learned counsel appearing for the petitioner
submitted that the order of the first respondent directing to remove the
fencing to protect his land as against the law and amounts to interference
of their peaceful enjoyment of the property. The proceedings initiated by
the first respondent under Section 133 of Cr.P.C. is without application of
mind and without following the procedure as contemplated under the
Act. Without conducting enquiry, final order has been passed under
Section 133 of Cr.P.C, which is contrary to the provisions.
3. Learned counsel relying upon the Judgment rendered in
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Crl.R.C.No.971 of 2020
the case of The Manager, Kodanad Estate, Kothagiri Taluk Vs. The
Sub Divisional Magistrate and the Assistant Collector, Coonoor, The
Nilgiris Distrcit, reported in 2008 (2) MWN (Cr) 383 submits that the
principle laid down by the Court in the said Judgment is totally violated
in the impugned order passed by the first respondent.
3. The Government Advocate submitted that the pathway is
used by the Panchanampatti Villagers from time immemorial. Under the
guise of putting lay out, unauthorisedly, the pathway used by the public
was fenced and as a consequence the impugned order was passed.
Subsequently, the fencing has been removed, the road has been laid down
and public is using the pathway for access to either side of the
petitioner's land.
4. The learned Government Advocate also furnished the
Judgement of the Principal District Munsif, Thirupathur, passed in
O.S.No.141 of 2020 filed by the petitioner Thangavel seeking injunction
against his brother Palani, the first respondent/Tahsildar as well as the
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.971 of 2020
District Collector, the order reveals the said suit was dismissed on the
memo filed by the plaintiff that he is not pressing in the suit.
5. In the light of the above fact, though the contention of
the learned counsel for the petitioner that before passing the impugned
order no notice or enquiry conducted may be true, due to efflux of time in
appears the parties have reconciled the issue and the fence is no more in
existence. In such circumstances, nothing survives in this revision
petition for consideration. Hence, recording the subsequent development
this Revision Petition is disposed of. Consequently, connected
miscellaneous petition is closed.
06.04.2023
Internet : Yes/No
Index: Yes/No
Lpp
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.971 of 2020
To
1. The Executive Magistrate/Tahsildar,
Thirupathur Taluk,
Thirupathur District.
2. The Public Prosecutor,
High Court, Madras.
Dr.G.JAYACHANDRAN, J.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.971 of 2020
Lpp
Crl.R.C.No.971 of 2020
and
Crl.M.P.No.6756 of 2020
06.04.2023
https://www.mhc.tn.gov.in/judis
