Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 103740 (MAD)

VAIYAPURI SHANKAR v. THE REVENUE DIVISIONAL OFFICER

CRL OP/29862/2024 · 2025-02-19

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP NO. 29862 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2025 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 29862 of 2024 V.Vaiyapuri Shankar S/o.Late Dr.Vaiyapuri (ex-district Tb Officer), No.26/102, Pennagaram Main Road, Dharmapuri District. Petitioner(s) Vs 1. The Revenue Divisional Officer, Dharmapuri District. 2.The Tahsildar Dharmapuri Taluk Dharmapuri 3.The Inspector of Police Karimangalam Police Station, Dharmapuri District. 4. Saikannan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nyaya Sanhita, 2023, to direct the respondents 2 and 3 to comply the order passed by the 1st respondent under Section 145 of Cr.P.C., and the representation dated 29.08.2024 made by the petitioner. For Petitioner(s) : S.Sitthan Sinagaravel For Respondent(s): Mr.A.Gopinath Government Advocate (Criminal Side) for 1 to 3 T.Shanmugarajesaran for R4 https://www.mhc.tn.gov.in/judis ORDER This Criminal Original Petition is filed to to direct the respondents 2 and 3 to comply the order passed by the 1st respondent under Section 145 of Cr.P.C., and the representation dated 29.08.2024 made by the petitioner. 2. The petitioner purchased a land measuring an extent of 2 acres and started doing agriculture activities. There is a common pathway connecting Panchayat Road and the said pathway has been used by the petitioner and the adjacent land owners to reach their lands for doing cultivation more than 50 decades. Whileso, the 4th respondent who is the petitioner's adjacent land owner encroached the above said common passage road and restrained the others land owners including the petitioner from entering into the same, due to which, agriculture works in petitioner's land were disturbed. Having regard to the same, he filed an application before the 1st respondent/Revenue Divisional Officer, who, on enquiry, by his proceedings in Ni.mu.10788/2022/pa2 confirmed that there is a Cart track passage leading to Panchayat Road and the 4th respondent has to remove the fencing put up by him that restrains the petitioner from entering into his agricultural land. Hence, in order to comply with the order passed by the 1st respondent, the petitioner has https://www.mhc.tn.gov.in/judis filed the present writ petition seeking a direction to the 2nd and 3rd respondents. 3. Heard both sides. 4. Perusal of records would reveal that the 1st respondent vide his proceedings dated 02.01.2023 in Ni.mu.10788/2022/pa2, has directed as follows: “”“vdnt. fhhpk';fyk; tl;lk;. igRms;sp fpuhkg; gd;rhaj;J nuhl;oypUe;J igRms;sp fpuhkg; g[y vz; 74-2?y; fpHf;Fg[wf; filrpapy; bjd;tlyhfr; bry;Yk; tz;o. eiltHpg;ghijapid Ch;$pjk; bra;J jUkg[hp khtl;l tUtha; mYtyh;fshy; cj;jputplg;gl;Ls;sjhy;. me;j ghijapd; tHpahf tz;o thfd';fs; Kjyhdtw;wpYk;. fhy;eilahft[k; jpU/itahg[hpr';fhpd; epyj;jpw;Fr; bry;yj; jil bra;a[k; tpjj;jpy; jpU/ rha;fz;zd; Kjyhdth;fs; mikj;Js;s ntypapid chpikapay; ePjpkd;w jPh;g;gpw;F fl;Lg;gl;L ,e;j cj;jut[ fpilf;fg;bgw;w clnd mth;fshfnt mfw;wpf; bfhs;SkhWk;. jtWk; gl;rj;jpy; tl;l eph;thf eLth; kw;Wk; fhhpk';fyk; tl;lhl;rpah;. fhhpk';fyk; fhty; Ma;thsUld; ,ize;J ,e;j cj;jut[ fpilf;fg;bgw;w 7 jpd';fspy; nkw;go ntypfis mg;g[wg;gLj;jplt[k;. mjw;Fz;lhd bryt[fis jpU/ rha;fz;zdplk; tNypf;ft[k; cj;jputplg;gLfpwJ/“” https://www.mhc.tn.gov.in/judis G.K.ILANTHIRAYAN, J. msr 5. In view of the above, the 3rd respondent is directed to comply the order passed by the 1st respondent dated 29.08.2024 within a period of four weeks from the date of receipt of a copy of this order. 6. With the above direction, this Criminal Original Petition is disposed of. 19-02-2025 msr Index:yes/no Internet:yes/no To 1. The Revenue Divisional Officer, Dharmapuri District. 2. The Thasildar, Dharmapuri Taluk, Dharmapuri. 3. The Inspector Of Police, Karimangalam Police Station, Dharmapuri District. CRL OP NO. 29862 of 2024 https://www.mhc.tn.gov.in/judis