Alagappa Murugan v. Officer in Charge, Police Station, Thirukkovil – CA PHC APN 01/2015-2015

In the case between Muhammed Ibrahim Abdul Rasheed and others (paddy farmers) and Alagappa Murugan and others (herdsmen), the court addressed whether the High Court of Kalmunai lawfully issued interim orders staying the Magistrate’s direction allowing cultivation and fencing of government land, and whether the Magistrate’s order exceeded powers under Section 81 of the Code of Criminal Procedure Act. It was held that the Magistrate acted ultra vires by granting relief not authorized by Section 81, particularly by permitting land cultivation and fencing without conducting a required inquiry under related provisions. The actions of the High Court in issuing interim stay orders and suspending proceedings were determined to be proper interventions within legal parameters. Reliance was placed on

REF: CA PHC APN 01/2015-2015 Category: Tag:
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