BALAKRISHNAN Vs. SUB-DIVISIONAL EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) The second respondent herein / A party had sent a complaint to the District Collector, Krishnagiri, stating that he is a tenant to the door No.1/1, Town Hall Trust, Palacode Taluk under one Annamalai Chettiyar, who is also A party in the above said proceedings. The said Jayaraman/ A party had stated in his complaint that he was running a tailor shop and sweet stall and paying monthly rent to the Trust President, Annamalai Chettiyar. After business hours, he used to close the shop and hand over the rental premises key to the landlord, viz., Annamalai Chettiar. Under the circumstances, the third parties had broken the lock and also thrown out the articles from the said premises. Hence, the complaint was sent to the District Collector. On the same occurrence, the said Annamalai Chettiar had lodged a complaint before the Police Station, Palacode. The Station House Officer had registered a criminal case for the alleged offence under Sections 147, 454, 427 of IPC. Based on the said complaint of Jayaraman, the learned Revenue Divisional Officer, Krishnagiri had sent a notice to "A party" and "B party" and asked them to appear before them on 18.08.2003 at 4 p.m., for an enquiry. Both parties had submitted a written submission and annexed connected documents.

(2.) The "A party" stated that on 31.05.1922, the Vysiya Community and Arya Community people had purchased a land from one Pachiyappa Chettiar of Palacode Town Hall Trust and that they had also paid tax for the said building. As per the revenue records, a patta has been issued in the name of Town Hall as per patta No.1553. Further, the trust is a registered one and covered by Rules and Regulations. The said property was let out to "A party" Jayaraman on a monthly rent basis. At this juncture, i.e, on 14.07.2003, the rental premises i.e, tailor shop was broken open and the articles had been thrown out from the premises. "A" party came to know that the mischief makers, who had made wrongful entry and forcibly thrown out the articles, were alleged to be congress party members. Regarding this occurrence, the criminal case in Crime No.223 of 2003 has been registered on the file of Palacode Police Station. Further, the electricity connection and other connected records exists in the name of Annamalai Chettiar and the property is under his control and maintenance.

(3.) The "B Party" viz., Balakrishnan and others had submitted written submission stating that in the said building the party office was functioning for the past 75 years. The property belongs to one Manickam Udayar and Munusamy Gounder, Town President to the Congress Party and as such, the property does not belong to private individuals. On 14.01.1977, the party had remitted fees for electricity connection. Further the said building is in a dilapidated condition. However, the 'B' party had not submitted supporting documents for their written submission.