K POUNRAJAN Vs. COLLECTOR CHENNAI DISTRICT CHENNAI

JUDGEMENT

(1.) The above petition was originally filed as Writ Petition in W. P. No. 16779 of 2003 and when the same was posted for admission, a learned single Judge of this Court, after having observed that as the subject-matter is governed by Section 145, Cr.P.C. relating to breach of peace, all the contentions in the above petition could be advanced in a proceeding that may be initiated under Section 482, Cr.P.C., has directed the Registry to convert the writ petition into a criminal original petition under Section 482 of the Code of Criminal Procedure, Accordingly, the writ petition was converted into the above criminal original petition.

(2.) The above petition has been filed praying to call for the records in respect of the order dated 5-6-2003 passed by the first respondent in his proceeding 33/55003/ 2002 and quash the same.

(3.) The petitioner has come forward to file the above petition challenging and seeking to quash the order passed by the District Collector, Chennai dated 5-6-2003 pursuant to the show-cause notice issued by him calling for the petitioner to show-cause within fifteen days from the date of receipt of the said notice as to why the impugned order of the Tahsildar and the Executive Magistrate, Egmore-Nungambakkam should not be set aside for the reason assigned therein whereby the said Tahsildar has declared that the petitioner is entitled to possession of the disputed properties lying in T. S. Nos. 54, 57 and 58 in Block No. 52 of Koyambedu village by way of Melvaram rights and entitled to retain possession until evicted therefrom in due course of law and forbidding all disturbances of such possession until such eviction. It is regarding this order passed by the Tahsildar and the Executive Magistrate, Egmore-Nungambakkam Taluk, Chennai, as per his proceed- ing in C3/11949/02, dated 20-1-2003, the said show-cause notice had been issued by the District Collector followed by the order impugned herein.