Madras High Court
K.Chandrasekar vs The Sub Collector on 9 October, 2023
W.P.No.28877 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2023
CORAM:
THE HON'BLE DR.JUSTICE G. JAYACHANDRAN
W.P.No.28877 of 2023
and
W.M.P.Nos.28460 and 28461 of 2023
K.Chandrasekar ...Petitioner
Vs.
1.The Sub Collector,
Chidambaram,
Cuddalore District.
2.The Executive Magistrate/Tahilsdar
Buvanagiri Taluk,
Cuddalore District.
3.The Deputy Superintendent of Police,
Sethiyathope,
Cuddalore District.
4.The Inspector of Police,
Sethiyathope Police Station,
Cuddalore District.
5.Tmt.Krishnaveni .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking a writ of certiorari calling for the records on the file of the 2nd
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.28877 of 2023
Respondent in order dated 19.09.2023 under Section 145 (1) of Cr.P.C. In
Na.Ka.No.A1/1474/2023 and quash the same.
For petitioner Mr. V.K. Bhuvaneshwar
for Mr. M. Vijaya Kumar
For RR 1 to 4 Mr. S.Udaya Kumar
Government Advocate (Crl.Side)
ORDER
The petitioner is aggrieved by the order of the Executive Magistrate,
who has taken note of the disturbance to the public peace and tranquility
due to the dispute between two warring groups over the enjoyment of a
public place and apprehending disturbance in the public place, has
instructed the local police to restrain persons from entering the disputed
place.
2. The learned counsel for the petitioner submitted that the civil
dispute in respect of the property has ended in favour of the petitioner and
while so, the Executive Magistrate has no authority to interfere and take
cognizance of the reference made by the local police to initiate proceedings
under Section 145, Cr.P.C.
https://www.mhc.tn.gov.in/judis
W.P.No.28877 of 2023
3. The learned counsel for the petitioner relied upon the judgment
of the Supreme Court in Ram Sumer Puri Mahant vs State of U.P. and ors
AIR 1985 SC 472, wherein, the Executive Magistrate, who was put to notice
about the pendency of Civil litigation, has exercised power under Section
145, Cr.P.C. and passed a restraint order.
4. This is a case where the petitioner though claims that the civil
suit ended in his favor, from the records, it does not appear that the same
was brought to the notice of the Executive Magistrate.
5. The learned counsel for the petitioner states that the enquiry is
adjourned to the end of this month for further proceedings. It is open to the
petitioner to make a written submission about all his defense and participate
in the enquiry and on hearing both sides, the Executive Magistrate shall pass
an appropriate order in accordance with law, taking into consideration the
pronouncement of Courts and the power of the Executive Magistrate under
Section 145, Cr.P.C.
https://www.mhc.tn.gov.in/judis
W.P.No.28877 of 2023
DR.G. JAYACHANDRAN, J.
vca
In the result, this writ petition is dismissed. No costs. Connected writ
miscellaneous petitions are closed.
09.10.2023
vca
Internet : Yes/No
Index : Yes/No
To:
1.The Sub Collector,
Chidambaram,
Cuddalore District.
2.The Executive Magistrate/Tahilsdar
Buvanagiri Taluk,
Cuddalore District.
3.The Deputy Superintendent of Police,
Sethiyathope,
Cuddalore District.
4.The Inspector of Police,
Sethiyathope Police Station,
Cuddalore District.
W.P.No.28877 of 2023
https://www.mhc.tn.gov.in/judis
