MANGALANATHA DURAI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is before us consequent upon a reference made by Hon ble Mr.Justice G.Ilangovan, who noted conflicting views that were expressed by various Hon ble Judges of this Court on the applicability of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 to damage caused to private property in certain circumstances.

(2.) The question that has been referred to the Bench by the Hon ble Mr.Justice G.Ilangovan, is as follows:

(3.) The law relating to prevention of damage to public property was codified as a separate enactment by the Parliament which introduced the Prevention of Damage to Public Property Act, 1984. The said Act sought to carve out certain Acts causing damage to public property as a criminal offence and prescribed a punishment for the same. This led to various States passing various enactments covering the subject viz. Prevention of Damage to Public Property.