The Madurai Bench of the Madras High Court has dismissed the criminal revision petition preferred by industrialist M.A.M.R. Muthiah against the order of a magistrate directing him to hand over the possession of a guest house in Chokkikulam here.
Mr. Muthiah, the adopted son of late industrialist M.A.M. Ramasamy, challenged the order of the Madurai Sub-Divisional Magistrate-cum-Revenue Divisional Officer who had directed that the possession of the guest house be handed over to A.S. Palaniappan, manager of Tamil Isai Sangam, who was in physical possession of the property in 2017.
Dismissing the criminal revision petition on Tuesday, Justice G. Jayachandran observed that Mr. Muthiah, without resorting to legal means to prove his right over the property whatsoever, had resorted to illegal means to dispossess the other party of the property by force.
The court further observed that the Sub-Divisional Magistrate-cum-Revenue Divisional Officer had passed the order taking into account the likelihood of breach of peace. The court said it found no illegality of infirmity in the order and therefore the revision petition was dismissed.
The court observed that the spirit of Section 145 of the Cr.P.C. empowering executive magistrates to pass appropriate orders to maintain peace in the locality could not be undermined or subverted citing technical reasons.
