SUBBARAMA AIYAR Vs. MARIYA PILLAI

JUDGEMENT

(1.) This case arises out of a dispute between the petitioners and one Mariya Pillai (counter- petitioner), regarding the possession of certain lands. On 17th January 1914, Mariya Pillai filed a petition asking for an order under Section 144 of the Code of Criminal Procedure directing the petitioners to abstain from interfering with his possession. This petition is said to have boon forwarded for report to the Tiruvalur Sub-Inspector of Police. He submitted a report on 2nd February 1914. Meantime on 24th January 101.4 Mariya Pillai pat in another petition objecting to the course of the Police inquiry, and asking that harvest of the crops by the present petitioners should be stopped, that the crops already harvested should be taken possession of by the Village Munsif, that the petitioners should be ordered not to interfere with the lands and that an early inquiry should be held.

(2.) On this, the Magistrate passed the following order on 24th January 1914 : "issue notice under Section 141 forbidding both sides to harvest until the question of possession has been settled by this Court. The crops already harvested shall be taken into the custody of the Village Munsif. Order both sides to produce witnesses before ma at Negapatam on February 5th.".

(3.) The notice actually issued to both sides on the same date does not purport to be issued under any particular section and runs as follows : To The Petitioner and Counter-Petitioners. Whereas it has been made to appear to me that a dispute likely to cause a breach of the peace exists in respect of possession of the lands noted below (1) Elavangarkudi Vattam. Lands comprised in the patta of Ganapathia Pillai No. 50 and said to have been, comprised in the sale-deed of the 1st counter-petitioner the extent being 10 velis 16 and odd mahs. within the local limits of my jurisdiction, I hereby forbid both the parties to harvest until the dispute is finally decided by this Court or until farther orders, the crops standing on the above lands. The crops already harvested shall be taken into the custody of the Village Munsif of Elavangarkudi. Both parties are also directed to appear with the evidence before this Court on 5th February 1914 at Negapatam. They should put in a list of witnesses to be examined before 1st February 1914. (Initialled) P. A.S.D.M.