1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD).No.13587 of 2011 And M.P.(MD).Nos.1 and 2 of 2011 1. M.S.Natarajan 2. Rajan : Petitioners/'C' Party Vs. 1. The State represented by The Inspector of Police Cheranmahadevi Police Station Tirunelveli District : Respondent/Complainant 2. M.Asan 3. Isakki Padayatchi : Respondents / 'A' Party PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to call for the entire records pertaining to the order passed by the Sub Divisional Magistrate cum Sub-Collector,Cheranmahadevi, Tirunelveli District in M.C.No. 32 of 2007 dated 03.06.2008 and set aside the same. For Petitioner : Mr.R.Anand For 1st Respondent : Mr.P.Kannithevan Government Advocate (Crl. Side) O R D E R Challenging the order passed by the Executive Magistrate, Sub- Collector,Cheranmahadevi, Tirunelveli District, in M.C.No. 32 of 2007, dated 03.06.2008, the petitioners have come up with this Petition. 2. The petitioners are 'C' Party in the proceedings before the Executive Magistrate. The respondents are the other parties in the proceedings. The dispute is in respect of fishery rights over the tank known as "Poongudayar Tank" in the Cheranmahadevi Village. In the impugned order, the learned Executive Magistrate has made an observation that there is civil dispute in respect of very same rights and therefore, until the civil dispute is resolved by the Court, the parties should not claim any fishery right. 3. It is the said order which is challenged in this Petition. It is now stated by the learned counsel for the petitioner that after passing of this order, the Principal Sub Ordinate Judge, Tirunelveli, in O.S.No. 267 of 1998, has granted decree thereby resolving the dispute. Therefore according to the learned counsel, the impugned order is liable to be withdrawn by the Executive Magistrate. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In my considered opinion, if the petitioner has got any ground to raise before the Sub -Collector for recalling the order, he is always at liberty to file appropriate application before the Executive Magistrate. So far the impugned order is concerned since the same cannot be found fault with in any manner. I do not find any ground to interfere in the order. 5. Hence, this Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. vsg Sd/- Deputy Registrar[Writs] /True copy/ Assistant Registrar To 1. The Inspector of Police Cheranmahadevi Police Station Tirunelveli District 2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. Crl.O.P.(MD).No. 13587 of 2011 And M.P.(MD).Nos. 1 and 2 of 2011 Dated:28.10.2011 2P/3C RPB : 16.11.2011 https://hcservices.ecourts.gov.in/hcservices/