C GURUSAMY Vs. A VEERIAH

JUDGEMENT

(1.) THIS Criminal Revision Case has been filed to call for the records relating to the proceedings in M. C. No. 852 of 2006 on the file of the Sub Divisional Magistrate cum Revenue Divisional Officer, Madurai, dated 30. 01. 2007 and set aside the same.

(2.) THE facts giving rise to the filing of this revision as stood exposited from the records would run thus: the challenge in this revision is as against the order passed by the Sub Divisional Magistrate cum Revenue Divisional Officer, Madurai, under Section 145 Cr. P. C in M. C. No. 852 of 2006. The immovable property described which is the subject matter of the said order is a plot of land measuring 3,000 square feet. Apprehending that there would be law and order problem, R. 1 to R. 3 herein as petitioners initiated M. C proceedings before the learned Executive Magistrate citing R. 4 as R. 1 therein and one Gurusamy, the revision petitioner herein as R. 2.

(3.) ON perusal of the petition filed by the petitioners therein, the learned Executive Magistrate passed the preliminary order dated 10. 08. 2006, calling upon both the parties to appear before him. It appears, while passing the preliminary order, he also issued a kind of injunction so as to restrain the other side not the interfere with that property. Thereupon, Gurusamy, the petitioner herein/r. 2 therein filed a Criminal Original Petition and got an order from this Court, quashing that much portion of the Executive Magistrate's order of injunction. Thereafter, the Executive Magistrate proceeded with the enquiry and ultimately passed the final order on 30. 01. 2007 holding that the petitioners therein were in possession of the property and they should be allowed to continue in possession of it and that the parties could very well approach the civil Court and seek remedy.