TAMILMANI Vs. KANNAIYA

JUDGEMENT

(1.) BOTH the criminal revisions have been preferred under Section 397 r/w 401 Cr.P.C. The relief sought for in Crl.R.C.No.811 of 2011 is to call for the records pertaining to Crl.R.P.No.18 of 2009 on the file of the Sessions Judge, Sivagangai and quash the proceeding against the petitioner / A11. The similar relief is sought for in Crl.R.No.812 of 2011 by the petitioner / A12.

(2.) AS per the impugned order, it is seen that the order passed in the Criminal Revision Petition in Crl.R.P.No.18 of 2009 has been challenged by way of filing two criminal revision cases by A11 and A12 and the petition was filed by the defacto-complainant / R1 before the Court below, as against the order of dismissal of his private complaint in Crl.M.P.No.3821 of 2003 on the file of the District Munsif-cum-Judicial Magistrate, Karaikudi, dated 27.03.2004. The complaint was filed against the respondents No.1 to 21 / accused Nos.1 to 19 therein for the offences punishable under Sections 120 (B), 297, 420, 118, 427 and 506 (ii) r/w 34 IPC and Section 3 (1) (IV) (V) (VIII) (X) of SC / ST (Prevention of Atrocities) Act, 1989.

(3.) A copy of the G.O.Ms.No.1623 of 1989, dated 28.09.1989 reads that the land in S.No.128/1 and 154 in Kalanivasal village, Karaikudi Town were assigned as house site and mayanam poromboke for the use of Adidravidar community people, accordingly, reclassification order was also issued by the Government. In this G.O, nearly 15 earlier proceedings were referred to by the Revenue Department. The detailed G.O., in paragraph numbers 8 and 9 reads as follows : "8. The Government have carefully examined the matter. The various Courts have held that the lands in T.S.No.128 and 154 of Karaikudi town is in the continuous possession of the Adi-Dravidars and that the land belongs to the Adi-Dravidars. In the circumstances stated above and in view of the Court's verdicts and the recommendations of the Special Commissioner and Commissioner of Land Administration, the Government in relaxation of the ban imposed in G.O.Ms.No.3166, Revenue, dated 5.11.66, direct that the existing occupants of the land in Town Survey No.128 and 154 of Kalanivasal of Karaikudi town in Pasumpon Thevar Thirumagan District belonging to Adi-Dravidar community be issued house site pattas. 9. The Government also direct that the existing encroachments in S.No.128/1 of Kalanivasal area of Karaikudi town be evicted and the lands be reclassified as Mayanam poromboke for use of the Adi-Dravidars alone of the Kalanivasal area."