Madras High Court
N.Karpagavalli vs The Revenue Divisional Officer on 27 September, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.No.19231 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.19231 of 2021
&
WMP.No.20529 & 20531 of 2021
1. N.Karpagavalli.
2. N.Karunamurthy.
3. N.Yuvaraj.
4. N.Gunasekar. ... Petitioners
Versus
1.The Revenue Divisional Officer,
Tondiarpet Revenue Division,
Tondiarpet,
Chennai - 600 081.
2. The Tahsildar,
Thiruvottiyur Taluk Office,
Thiruvottiyur,
Chennai - 600 019.
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W.P.No.19231 of 2021
3. The Assistant Commissioner of Police,
Ennore Range,
Office of the Assistant Commissioner,
M-5, Ennore Police Station,
Ennore, Chennai - 600 057.
4. The Inspector of Police,
M-5, Ennore Police Station,
Ennore, Chennai - 600 057.
5. P.Rajasekaran. ... Respondents
PRAYER: This Writ petition has been filed under article 226 of the
Constitution to issue writ of mandamus, directing the 1st respondent to
conduct enquiry, in his proceedings in Na.Ka.No.A1/494/2020, dated
21.02.2020 and dispose of the same after issuing necessary notice and
providing ample and sufficient personal hearing and opportunity to the
petitioners in the said proceedings in accordance with law.
For Petitioner : Mr.V.Surya Sankar.
For Respondents : A.Damodaran
Addl. Public Prosecutor
For R1 - R4.
: Mr. R.Subramanian, for R5
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W.P.No.19231 of 2021
ORDER
The petitioner had filed Writ Petition seeking appropriate directions to direct the Revenue Divisional Officer, Tondiarpet to conduct enquiry in his proceedings Na.Ka.No.A1/494/2020 and dispose of the same.
2. The contention of the petitioner is that on 19.02.2020, at about 8.00 p.m., the 5th respondent along with some unknown persons came to the property and threatened the petitioner with dire consequences and also threatened that how dare the petitioner can directly approach the higher officials and also made allegations that the police will take no action. On 21.02.2020, the petitioner had sent a detailed representation to the police authorities and no action has been taken. Thereafter, the petitioners had filed W.P.No. 6022 of 2020 and obtained a direction on 10.03.2020. In the mean while, on 29.02.2020, the petitioners received a notice, dated 21.02.2020, from the 1st respondent informing that the police forwarded a letter dated 17.02.2020 and a case in Crime No.109 of Page No.3 of 8 https://www.mhc.tn.gov.in/judis/ W.P.No.19231 of 2021 2019 was registered under Section 145 of Cr.P.C. Thereafter, the petitioner was not aware about what action has been taken. Hence the petitioner has filed this petition.
3. The learned counsel appearing for the 5th respondent has filed his counter and submitted that even though the petitioner was aware about the out come of the 145 of Cr.P.C., proceedings, this writ petition has been filed suppressing the said proceedings. As per the Village Revenue Records, an extent of 0.25.0 Ares in S.No.73/1, Patta No.317, stands in the name of Mr.Rajasekaran/5th respondent, who bought the property under a partition deed, had sold 13 plots and the petitioner, namely, N.Karpagavalli, w/o. late Narayanaswamy is residing in 14th plot by putting up a hut. She has no title deeds in respect of the property and there is no law and order problem. The petitioner, having no right over the property, is attempting to convert a civil dispute into a law and order problem and thereby, wanted to remain in the property by any means.
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4. The learned Additional Public Prosecutor submitted that in this case, enquiry conducted and closed based on the report, dated 16.08.2021, submitted by the Revenue Divisional Officer, North Chennai Division @ Tondiarpet, Chennai. The copy of the same has been produced before this Court. The relevant portion of the report,dated 16.08.2021, reads as follows:
** vdnt. jpUbthw;wpa{h; tl;lk;. fj;jpthf;fk; fpuhkk;. g[y vz;/73/1 epyj;jpw;F chpik nfhhp A jug;g[ jpU uh$nrfud; j-bg/ bghd;DJiu kw;Wk; jpUkjp fw;gfts;sp f-bg/ ehuhazrhkp MfpnahUf;F ,ilnaahd rr;rut[ bjhlh;ghd ,e;neh;tpy; bghJ mikjpf;F ve;jtpj ghjpg;ngh my;yJ rl;lk; kw;Wk; xG';F gpur;rid Vw;gl Kfhe;jpukpy;iy vd;gjhy; ;vk;?5 vz;Qq}h; fhty; epiya Fw;w tHf;fhdJ Fw;wtpay; eilKiwr; rl;lk; gphpt[ 145?,d; gjpt[ bra;a Vw;g[ilaJ my;y vd mwpf;ifapy; bjhptpj;Js;shh;.
vdnt. jpUbthw;wpa{h; tl;lhl;rpah; mwpf;if kw;Wk; Mtz';fspd; mog;gilapy; bghJ mikjpf;F ve;jtpj ghjpg;ngh m;yyJ rl;lk; kw;Wk; xG';F gpur;rid Vw;gl Kfhe;jpukpy;iy vd;gjhy; Fw;wtpay; eilKiwr; rl;lk; gphpt[ 145?,d; fPH; tHf;F gjpt[ bra;a njitapy;iy vd bjhptpj;Jf; bfhs;fpnwd;/ ** Page No.5 of 8 https://www.mhc.tn.gov.in/judis/ W.P.No.19231 of 2021 The said fact was also informed to the 5th respondent and as such, no proceeding is pending before the Revenue Authorities.
5. At this stage, the learned counsel for the petitioner submitted that the report of the Revenue Divisional Officer, dated 16.08.2021 has not been furnished to the petitioner.
6. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. The respondent police is directed to furnish the report of the Revenue Divisional Officer, dated 16.08.2021 to the petitioner. Thereafter, the petitioner to take appropriate action in the manner known to law, if he advised so. Consequently, connected miscellaneous petitions are closed.
27.09.2021 Index: Yes/No Internet: Yes/No mrp/mpl Page No.6 of 8 https://www.mhc.tn.gov.in/judis/ W.P.No.19231 of 2021 To
1.The Revenue Divisional Officer, Tondiarpet Revenue Division, Tondiarpet, Chennai - 600 081.
2. The Tahsildar, Thiruvottiyur Taluk Office, Thiruvottiyur, Chennai - 600 019.
3. The Assistant Commissioner of Police, Ennore Range, Office of the Assistant Commissioner, M-5, Ennore Police Station, Ennore, Chennai - 600 057.
4. The Inspector of Police, M-5, Ennore Police Station, Ennore, Chennai - 600 057.
5. The Public Prosecutor, High Court, Madras.
Page No.7 of 8
https://www.mhc.tn.gov.in/judis/ W.P.No.19231 of 2021 M.NIRMAL KUMAR, J.
mrp/mpl W.P.No.19231 of 2021 & WMP.No.20529 & 20531 of 2021 27.09.2021 Page No.8 of 8 https://www.mhc.tn.gov.in/judis/