VENGATESAN Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the order dtd. 25/6/2021 passed in Na.Ka.1224/2020/A1 by the Executive Magistrate, And Revenue Divisional Officer, Tiruvallur.

(2.) According to petitioners, the respondents 3, 4 and 6 and the petitioners are brothers and their grandfather, who was the absolute owner of the lands in Survey Nos.136/2, 137/3 and 138/4B situated at Chembarambakkam Village, Poonamallee Taluk, Tiruvallur District, measuring a total extent of 7 Acres 41 cents, has settled the same in favour his son T.Mohanarangam, who is father of the petitioners and the respondents 3, 4 and 6. Later, the said T.Mohanarangam due to old age illness fell bed ridden and taking advantage of the same, the respondents 3 to 5 started digging the lands and selling the red soil to third parties illegally without knowledge of either of the legal of heirs of the said T.Mohanarangam. Hence, 2nd petitioner and 6th respondent jointly filed a suit in O.S.No.266 of 2019 before the learned Additional District Munsif, Poonamallee for various reliefs of permanent injunctions. During pendency of the suit, T.Mohanarangam died intestate and at the time of his death, there are 80 loads of baked bricks, 50 loads of savudu sand and 3,00,000 nos. of unbaked bricks kept in the land worth Rs.15,00,000.00 (Rupees Fifteen Lakhs only). The respondents 3 to 5 are illegally trying to occupy the entire properties and the goods available in the land and when the petitioners restrained them, they with the help of hooligans threatened with dire consequences. Thereafter 1st petitioner lodged complaint before 2nd respondent against the respondents 3 to 5, countering the same, 3rd respondent lodged complaint against the petitioners and 2nd respondent conducted enquiry and advised to approach the Civil Court. However, again respondents 3 to 5 have attempted to dispose the movable properties in the land and hence 1st petitioner again lodged complaint and 2nd respondent warned the respondents 3 to 5 refraining their illegal acts over the properties, however, since they refused the same, 2nd respondent registered a case in Crime No.667 of 2020 under Sec. 145 fo Cr.P.C. and forwarded the same to 1st respondent for further proceedings. In pursuant to the same, the Tahsildar, Poonamallee had conducted an enquiry and based on his report, 1st respondent passed order dtd. 29/9/2020 determining the rights unilaterally in favour of the respondents 3 to 5. Aggireved against the same, Criminal Revision has been filed with a petition in Crl.M.P.6145 of 2020 seeking stay and this Court by order dtd. 9/10/2020 granted interim stay and at the time of final disposal, this Court by order dtd. 8/4/2021 set aside the order of 1st respondent dtd. 29/9/2020 and remanded the matter back for fresh consideration in accordance with law and directed to complete the proceeding within a period of three months from the date of receipt of the order. Thereafter, both the petitioners and the respondents 3 to 5 have appeared before 1st respondent and after enquiry, 1st respondent passed the impugend order dtd. 25/6/2021 determining the rights in favour of the respondents 3 to 5, which warrants interference of this Court.

(3.) The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 submitted that in view of the order passed by this Court in Crl.R.C.No.918 of 2020, the first respondent considered the matter afresh and passed the order dtd. 25/6/2021.