PASARAI BALU AND ORS. Vs. KARUPPAN AND ORS.

JUDGEMENT

(1.) BEING aggrieved by the order passed by the Sub Divisional Magistrate -cum - Revenue Divisional Officer, Kallakurichi, Villupuram District in RC. No. A3/3666/2013, dated 18.06.2014, under Section 145 of the Code of Criminal Procedure, petitioners representing 'B' party have filed the revision petition.

(2.) MATERIAL on record discloses that earlier, after considering the report dated 10.08.2013 of the Sub Inspector of Police, Kachirapalayam, and by observing that there was a dispute, which was likely to cause a breach of peace, in respect of a claim for possession of land, in Survey No. 445/3, measuring an extent of 0.08 cents, the Sub Divisional Magistrate -cum - Revenue Divisional Officer, Kallakurichi, Villupuram District, has passed a preliminary order, on 19.08.2003 under Section 145 Cr.P.C. that no person should enter upon the abovesaid disputed property and no disorder should be made Subsequently, after considering the revenue records and no documents were produced by the 'B' party to prove the actual possession, vide proceedings in RC. No. A3/3666/2013, dated 18.06.2014, Mr. K. Balakrishnan, learned counsel for the 'B' Party, submitted that the Sub Divisional Magistrate -cum - Revenue Divisional Officer, Kallakurichi, Villupuram District, has passed an order, without providing any opportunity to the petitioners, to produce the documents, to substantiate their case. According to him, when the revision petitioners have applied for necessary documents from the Government, the Sub Divisional Magistrate -cum - Revenue Divisional Officer, Kallakurichi, Villupuram District, ought not to have passed a final order under Section 145 Cr.P.C.

(3.) LEARNED counsel for the petitioners further submitted that the land in Survey No. 445/3 in Old Survey Nos. 22/3A and 22/3B, in Kachirapalayam Village, Kallakurichi, was originally acquired by the Government in the year 1958, for the purpose of providing house sites to the revision petitioners and others in Kachirapalayam Village. It is the further contention of the petitioners that one Raman, son of Karuppan Chetty, has not been arrayed as one of the members of 'A' Party and obtained patta by producing bogus documents in S. No. 445/3.