V. SETHURAMAN Vs. K.K. NATARAJAN

JUDGEMENT

(1.) THIS petition has been filed invoking the inherent powers of this Court under Section 482, Code of Criminal Procedure, to call for the records in R.O.C. A8/2053/87, on the file of the Executive First Class Magistrate -cum -Revenue Divisional Officer, Palani, and quash the proceedings initiated therein, as not maintainable and an abuse of process of court.

(2.) FACTS in brief will have to be narrated for the, disposal of this petition. The Executive Magistrate had chosen to pass an n on 25.5.1987, purported to be a preliminary order under Section 143, Code of Criminal Procedure The Respondents herein have been shown as Petitioners and the Petitioners herein have been shown as Respondents, therein. The property concerned, has been described as T.S. No. 351, 351/2 and 352 in South Car Street, Palani, Anna Taluk, Anna District. The contents of the order disclose that the Respondents herein had filed a petition through their counsel, requesting an order under Section 143, Code of Criminal Procedure, with a direction to the Sub Inspector of Police, Palani Town, to prevent the construction of a house in the property referred to above. The order further shows that the Respondents herein in their petition filed before the court below had stated that the existing building in the above referred survey number was not sound and that the Petitioners herein, with a slight modification, had constructed a building in the same place without obtaining permission from the Palani Municipality. The Respondents had also stated in their petition that there was danger to the lives of the neighbours due to this building, which had been directed to be demolished by the Palani Municipality. The Petitioners, according to the Respondents, had constructed a new building without obeying instructions of the Municipal Authorities. The Petitioners, according to the Respondents, had proposed to commence a new school in the building which was itself unfit for location of the school, and if a school was allowed to run in that building, the lives of the students and the teaching staff would be in jeopardy. Therefore, action under Sections 133 and 141, Code of Criminal Procedure was prayed for.

(3.) MR . S. Abdul Samath, learned Counsel appearing on behalf of the Petitioners contended that there was no scope for passing a preliminary order under Section 143 Code of Criminal Procedure, and in any event, the Executive Magistrate had exceeded his jurisdiction in directing the Sub Inspector of Police to restrain the Respondent from continuing the construction of the building to locate a school. He also contended that the facts stated in the impugned order did not indicate the actual public nuisance which was sought to be repeated or continued by the Petitioners.