G. BALAMURUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Criminal Revision is directed against the Order passed in Cr.M.P. No.371 of 2024, dtd. 2/12/2024, on the file of the Court of the Judicial Magistrate No.II, Srivilliputhur, dismissing the Petition filed under Sec. 156(3) of Code of Criminal Procedure.

(2.) The case of the Petitioner is that the Madavar Valagam Arulmigu Vaidhiyanatha Swamy Thirukovil at Padikkasu Vaithanpatti, Srivilliputhur Taluk is owning dry lands in S.No.149/6 measuring 36 hectares and is under the control of Hindu Religious and Charitable Endowment Department; that Aadhi Narayanaswamy Temple, in which the Petitioner is worshipping, is situated in the said lands; that the Respondents 2 to 11, without getting any permission from the HR & CE Department or from Panchayat Union Office of the Srivilliputhur, have colluded together and encroached the said Temple lands and are constructing Marriage Hall by cutting trees and removal of the same from the said lands; that the Petitioner has lodged a Complaint with the 12th Respondent/Executive Officer of the said Temple, but he has failed to take any action; that the Petitioner has then sent Complaints to the Commissioner and Joint Commissioner of HR & CE Department, District Collector, Superintendent of Police, Virudhunagar District and to the Inspector of Police, Vanniyampatti Police Station; that the Respondents 1 to 12, even after the above Complaints, have again cut the trees and removed the same; that when the Petitioner has visited the Temple at about 08.00 am on 22/12/2023, for worshipping and on seeing the cutting of trees, he made an enquiry with the people, who were cutting the trees, but they have abused him in filthy language and caused Criminal intimidation and that therefore, the Petitioner was constrained to file the present Petition under Sec. 156(3) of Cr.P.C., before the jurisdictional Magistrate Court for registration of FIR and for investigation.

(3.) The learned Judicial Magistrate, taking the Petition filed under Sec. 156(3) of Cr.P.C., on file in Cr.M.P. No.371 of 2024 and upon perusing the Petition, Petitioner's affidavit and on hearing the Petitioner's side, has passed the impugned Order, dtd. 2/12/2024, by holding that the dispute is of Civil in nature, dismissed the Petition.