M DHAKSHINAMOORTHI Vs. DISTRICT COLLECTOR TIRUVANNAMALAI DISTRICT

JUDGEMENT

(1.) THOUGH the miscellaneous petitions are listed today, by consent of both sides, the writ petition itself is taken up for final disposal.

(2.) THE challenge in this writ petition is to an order passed by the second respondent, Tahsildar, Tiruvannamalai District by his proceedings in OMA 1.7800/2007, dated 10.07.2007, wherein he has issued a direction restraining any construction of school building in S.No.227/150 at Vetavalam Village, Tiruvannamalai Taluk and District.

(3.) A perusal of the impugned order would go to show that it is not an order passed under the provisions of the Code of Criminal Procedure. It is stated by the learned counsel appearing for the fifth respondent that there is a civil suit pending before the learned District Munsif, Tiruvannamalai in O.S.No.394 of 2007 filed by the fifth respondent against the educational authorities seeking for a permanent injunction to restrain them from making any construction on the said land. The learned counsel for the fifth respondent further submitted that the learned District Munsif, has granted an interim order of injunction in favour of the fifth respondent. When that be so, according to the learned counsel for the fifth respondent, the petitioner cannot make any construction of school building on the said property, which is the subject matter of the suit and therefore, according to the learned counsel for the fifth respondent, the impugned order is sustainable under law therefore, the writ petition is liable to be dismissed. I am not able to agree with the said argument of the learned counsel for the fifth respondent. Firstly the interim order said to have been granted by the learned District Munsif is not before this Court. Assuming that there is such an order of injunction granted in favour of the fifth respondent, if the fifth respondent feels that there is any actual violation of the order of injunction, it is always open for him to work out his remedy before the learned District Munsif. When the matter is pending before the learned District Munsif, the Tahsildar has neither any power nor any authority to pass an order like the impugned order. The learned counsel for the fifth respondent would submit that this order came to be passed before filing of the civil suit. Assuming the same to be correct, even then the Tahsildar cannot pass such kind of order which is highly arbitrary. The Tahsildar has got statutory power under Section 145 of the Code of Criminal Procedure which requires other legal formalities to be complied with. The learned Additional Government Pleader would fairly concede that the order impugned has not been passed in exercise of the statutory power under Criminal Procedure Code. The impugned order is, thus, without jurisdiction and the same is liable to be quashed. It is made clear that if it is the case of the fifth respondent that the fifth respondent is the owner of the land and the educational authorities have no right to make any construction of School buildings, he can very well work out his remedy where the civil suit is pending.