LAWS(MAD)-2018-1-282

CHANDRASEKARAN Vs. SUB-DIVISIONAL MAGISTRATE

Decided On January 23, 2018
CHANDRASEKARAN Appellant
V/S
SUB-DIVISIONAL MAGISTRATE Respondents

JUDGEMENT

(1.) This Criminal Revision has been filed praying to set aside the order passed in M.C.No.09/2015/A3, dated 31.12.2015 by the Sub-Divisional Magistrate (cum) Revenue Divisional Officer, Thanjavur Division, Thanjavur District, as illegal, arbitrary and ultra-vires.

(2.) The first respondent herein, based upon a Report in K.N.T.11/15/M.7, dated 23.07.2015 from the Tahsildar, Orathanadu, in respect of the dispute regarding usage of a path way between the two groups against 'A'-Party / R3 & R4 herein and 'B'-Party / R5 & R6 herein in Sy.Nos.492/8A, Sy.No.492/5B1, Sy.No.492/5A1 at Ambalapattu South, Parankivettikadu Village, Orathanadu and the said dispute was not settled amicably by way of conducting peace committee, passed the impugned order in M.C.No.09/2015/A3 dated 13.12015 under Section 147(3) of Cr.P.C., directing the 'A' -Party not to take possession or to continue in possession of the dispute pathway and the said path way should be used as public pathway and also directing the Tahsildar, Orathanadu and Inspector of Police, Orathanadu, to implement the order to maintain the law and order.

(3.) The Revision Petitioner / 3rd Party to the said proceedings filed the present Revision as to the correctness, legality or propriety of such findings or order recorded / passed by the first respondent herein, who passed the impugned order. The revision petitioner is the father of the 3rd respondent, who belongs to 'A'-Party.