ALA RAMANATHAN Vs. RATHINASABHAPATHY

JUDGEMENT

(1.) The petitioners are the residents of Panangudi Village, Thirumayam Taluk, Pudukottai Village. There was a dispute regarding the alleged property in Survey Nos.178/3, 179/4, 179/10, 158/4, 158/3, 159/9 and other poromboke land through which the villagers have to reach the burial ground. These petitioners claimed that they are using the poromboke land to reach the graveyard. However, the defacto complainant claimed that the property is owned by him for which the revenue official conducted Peace Committee Meeting to solve the law and order problem in the particular village. Accordingly, the Peace Committee Meeting was conducted on 06.02.2008 before the Revenue Officials / Tahsildar. In the Peace Committee Meeting, the respondent/complainant was ready to remove the fence put up by him. Accordingly, the Peace Committee Meeting ended peacefully in order to solve the law and order problem.

(2.) Thereafter, there was a poster alleging that the defacto complainant encroached upon the Government property with bogus patta and in view of the encroachment made by the respondent, the General Public is going to boycott the election. The said poster was affixed in the locality and it is alleged that it was affixed by the petitioners herein. Aggrieved by the same, the respondent herein filed a private complaint under Section 200 of Cr.P.C for the alleged offence under Section 499 of I.P.C, before the District Munsif-Cum-Judicial Magistrate, Thirumayam, in S.T.C.No.757 of 2010.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are not connected with the issue as alleged by the respondent and either they are not parties in the Peace Committee Meeting or creators of the poster and there is no document to show that these persons had committed the offence under Section 499 of I.P.C. He would further submit that there is no imputation, even assuming the poster printed by the petitioners. There is no imputation as against the respondent and it is mere allegation by the people of the locality against the respondent, which is pending before the Revenue Authorities. He would further submit that in order to wreck vengeance against these petitioners, the respondent foisted a false complaint against these petitioners with an ulterior motive.