S.K. JAGANATHAN Vs. STATE

JUDGEMENT

(1.) COUNTER petitioners 1 to 9 of A -Party in M.C.No.5 of 1991 on the file of Sub -Divisional Magistrate and Revenue Divisional Officer, Madurai have filed this petition under S.482 of Cr.P.C. praying to call for the records in the aforesaid M.C.No.5 of 1991 and quash the same.

(2.) IN the impugned order, the Sub -Divisional Magistrate and Revenue Divisional Officer, Madurai has stated that written complaint has been laid before him by the Inspector of Police, 'C' Town East, Madurai under S.147 Cr.P.C. in Cr.No.1515 of 1991 dated 13.7.91 stating that there is a dispute between the above mentioned A & B Parties over the possession of building and other activities of Sourashtra High School Managing Council in 110 Kamarajar Salai, Madurai. The Inspector of Police has also informed that there is likelihood of breach of peace affecting public peace and tranquility for the reasons thereof and hence it is expedient to promulgate order under S.145, Cr.P.C. in the interest of public peace and tranquility. The Sub -Divisional Magistrate has further stated in his order that he has applied his mind on the report of the Inspector of Police, 'C' Town East, Madurai and his confidential enquiry revealed that there is very possibility of breach of peace if it is allowed to continue. The Sub -Divisional Magistrate has further stated that under his inherent powers by virtue of S.145(1) of Cr.P.C. he is restraining both A & B parties from entering into the disputed building and until the possession of the said council building is decided by the competent court and requires both of the parties to put their written statements with the documents in support of the claim under S.145(1), Cr.P.C. regarding the claim of actual possession of the disputed property either in person or through a pleader on 22.7.1991 at 4.00 p.m.

(3.) PER contra, Mr. P. Jyothimani, the learned counsel appearing for the counter petitioners of 'B' party would contend that counter petitioners of 'B' party are the duly elected office bearers who are entitled to manage the affairs of the Sowrashtra High School Managing council and that they are in actual possession of the property.