S. RAJASEKARAN Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) SEEKING to quash the proceedings initiated by the first respondent by his proceedings, in Na.Ka.No. 3158/2013/A, dated 12.07.2013, under Section 145 of the Code of Criminal Procedure, the petitioners, who are 'B' party in the said proceedings, have come up with this petition. 'A' party in the case are one K. Sundarbabu and Hari Saravanan.

(2.) I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents and I have also perused the records carefully.

(3.) FROM the counter filed by the Revenue Divisional Officer, Chengalpattu, it is seen that one Mr. K. Sundarababu made a complaint to the Superintendent of Police on 17.11.2011 alleging that the said property was in fact purchased only by him for a consideration of Rs.54,000/ -, on 13.11.1999, from one Ravi and Durai and in which, the first petitioner herein only negotiated. But the first petitioner thereafter had encroached upon the said property and has constructed a building thereon. The counter further proceeds to say that the Inspector of Police found that there was no offence committed requiring investigation. He further found that the land belongs to the Government, as it is a poramboke land. Therefore, he referred the matter to the Revenue Divisional Officer for further action. The counter further proceeds to say that the Revenue Divisional Officer, on verification of the records, found that the said land comprised in S.No. 45/1 has been classified as Kuttai Poramboke and the same belongs to the Government. But the Revenue authorities have not taken any steps so far to evict the encroachments. In other words, no proceedings have been initiated to evict the petitioners from the disputed land. The counter further proceeds to say that since there was likelihood of breach of peace, the above said proceedings under Section 145 of the Code of Criminal Procedure was initiated.