CHINNASWAMY Vs. STATE

JUDGEMENT

(1.) THE counter-petitioners in M. C. No. 59 of 1981 on the file of the Executive First class Magistrate-cum-Sub-Collector, Sankari, have filed this petition under S. 482, Cr. P. C. for quashing the proceedings against them, in the abovesaid case.

(2.) IN respect of two hands bearing survey No. 115/2 of an extend of 2. 24 acres and 116 of an extent of 2. 52 acres in Seetharamapalayam village in Tiruchengode Taluk there were disputes between the first petitioner and his group of people, on the one hand, and one Rengasami Naidu and his group of people, on the other. The first petitioner, who was appointed as the sole non-hereditary trustee of Arulmigu Vinayagar temple of Sengodampalayam and Arulmigu Mariamman temple of Kailasampalayam in Tiruchengode Taluk claimed that the lands in the two survey fields belong to the temple. Rengasami Naidu and some others, who are Poojaris of the temple have been contending that the lands were their patta lands and that they are entitled to parcel out the lands into plots and sell them. The dispute led to Rengasami Naidu and some others filing a suit O. S. 294 of 1981 on the file of the District Munsiff's Court, Tiruchengode for declaration and injunction. The court did not grant any interim injunction and hence the disputes regarding possession continued. That resulted in the police authorities laying information before the Executive First Class Magistrate for action being taken against both parties under S. 145, Cr. P. C. Besides these proceedings, W. P. Nos. 2793 and 2794 of 1981 have also been filed in connection with the disputes between the parties and those petitions are also pending. It is in that backdrop of matters, the Inspector of Police, Tiruchengode laid information before the Executive First Class Magistrate setting out instances of the unlawful activities of the petitioners and praying the Magistrate to take proceedings under S. 107, Cr. P. C. and enquire the petitioners and order them to execute bonds for maintenance of peace and order. The Inspector of Police has stated in his report that the petitioners have prevented a milk-vendor from supplying milk to three persons, viz. , Veerasami Naidu, Krishnaswami Naidu and Ellappan, that they also prevented masons and workers from completing the house being built by Veerasami Naidu, that the counter-petitioners suddenly arranged for a pongal pooja in the disputed land and created a tense situation, that they proclaimed by beat of tom-tom that the villagers should not purchase articles from the shops of Naidus in the village, that they prevented the dead body of one Manickam being buried in the common grave-yard and created a tense situation, that they laos prevented people from going to the land of Veerasami Naidu for digging a well, that they beat Veerasami Naidu, Subramaniam and one Sasikala and caused injuries to them, that on account of the unlawful activities of the petitioners, the situation was grave and tense in the village and that unless the petitioners were summoned and enquired and directed to execute bonds for keeping the peace, there was imminent danger of breach of peace and disturbance to public tranquillity.

(3.) IN spite of the Inspector of Police having laid a detailed information, the learned Magistrate has not passed a considered order, but has merely issued summons to the petitioners in the following terms :-