C. NAGAMUTHU Vs. T BRIGHT ROBINSON

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer to call for the records and set aside the order dated 29.06.2018, passed in Revision Petition No.38 of 2012, by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, confirming the order dated 17.07.2012, passed in Na.Ka.No.A2/3831/2012, by the Sub-Divisional Magistrate and Revenue Divisional Officer, Padmanabhapuram.

(2.) The first respondent herein has filed a petition before the Sub- Divisional Magistrate and Revenue Divisional Officer, Padmanabhapuram, stating that the petitioner along with his brothers encroached the pathway, which is used by the first respondent's family members and General Public on 21.06.2012 and made construction work and the same was prevented by the Police. Subsequently also, they continued to do their construction work and therefore, he requested to take necessary action.

(3.) After due enquiry, the Sub-Divisional Magistrate and Revenue Divisional Officer, Padmanabhapuram, passed an order dated 17.07.2012, vide Na.Ka.No.A2/3831/2012, directing the petitioner not to claim any individual right over the said pathway in respect of S.No.654/10, situated at Thucklay Village, Kalkulam Taluk, Kanyakumari District, without getting suitable decree from the competent Court. As against the same, the petitioner herein preferred a revision before the Principal Sessions Court, Kanyakumari District at Nagercoil. After considering the arguments of the learned counsel appearing for the parties, the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, dismissed the revision, by confirming the order passed by the Sub-Divisional Magistrate and Revenue Divisional Officer, Padmanabhapuram. Challenging the same, the petitioner herein has preferred this Criminal Original Petition under Section 482 of the Code of Criminal Procedure.