PARAMASIVAM Vs. SUB DIVISIONAL

JUDGEMENT

(1.) This petition has been filed to call for the entire records pertaining in A2/M.C.No.20/2021 dated 15.02.2021 Sub-Divisional, Executive Magistrate Cum Revenue Divisional Officer, Sivakasi and quash the same.

(2.) The case of the petitioners is that in respect of disputed land situated in Natham Survey No.1092/1 which belongs to the petitioners through the registered deeds, the private respondents claimed that it is a public land. Therefore, the Sub-Inspector of Police, Watrap, Sivakasi has filed a suo motu case under Section 145 of Cr.P.C. in Crime No.08 of 2021 and the matter has been referred to the Executive Magistrate, Sivakasi, in which, the petitioners have been arrayed as "A" Party and the respondent has been arrayed as "B" Party. Summons have been issued to the petitioners to appear before the Enquiry Officer on 15.02.2020. In the summons issued on 15.02.2020, the Sub Divisional Executive Magistrate Cum Revenue Divisional Officer has made out an interim order of status quo which is contrary to the Section 145 of Criminal Procedure Code.

(3.) In respect of civil dispute, a suit has also been filed in O.S.No. 27 of 2021 on the file of the Principal District Munsif Court, Srivilliputur by the petitioners and a notice has also been ordered. Further, without giving any opportunity, the Executive Magistrate has passed an order which is erroneous. Hence, the present petition has been filed.