GOVERNMENT OF PUDUCHERRY
IN THE COURT OF SUBDIVISIONAL MAGISTRATE, KARAIKAL
Present : Thiru M. Adharsh,
Subdivisional Magistrate.
M.C. No. 52/2022/02-06-2022
I.R.No. 08/2022 of the Karaikal Town Police Station,
dated 23-05-2022 received in this Court on 30-05-2022.
Station House Officer,
Karaikal Town Police Station,
Karaikal.
. .
Petitioner
Vs
Thiru Sakthi (20),
S/o. Iyyappan,
No. 55, Mariamman Koil Street,
Thiru Nagar,
Karaikal.
. .
Counter Petitioner
[1009]
Registered with the Registrar
of Newspapers for India
under No. 10410
Registered No. PY/44/2021-23
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No.
100
Poudouchéry
Vendredi
12
Août
2022 (21 Sravana 1944)
No.
Puducherry
Friday
12th
August
2022
1010
LA GAZETTE DE L’ETAT
[ PART-I
1010
PROHIBITORY ORDER
(Under Section 144 (i), (ii) and (iii) of Cr.PC.)
Whereas, one information laid under I.R.No. 08/2022 of the Karaikal Town
Police Station, Karaikal, dated 23-05-2022 which was received in this Court on
30-05-2022 as a special report filed by the Station House Officer concerned under
section 144 of Cr.P.C. The report filed by the Station House Officer, Karaikal Town
Police Station, Karaikal, goes on to describe the Criminal activities of the Counter
Petitioner namely, Thiru Sakthi, son of Iyyappan, hailing from No. 55, Mariamman
Koil Street, Karaikal, who is allegedly found to be involved in criminal cases as
registered against him in the Town Police station, Karaikal, as listed out by the
Station House Officer, Karaikal Police Station, Karaikal:-
(i) Cr.No. 187/2020 under sections 454, 380,@ 454, 380, IPC R/W 34 IPC,
dated 08-05-2020 – while this case was charged on 16-07-2020 vide
CC.No. 147/2022 and is Pending Trial before the Hon’ble Court of JM-II,
Karaikal.
(ii) Cr.No. 47/2021 under sections 143, 269, 270 r/w 149 IPC and 51(b) of
DM Act @ 143, 269, 269 @ 270 IPC r/w 149 IPC, dated 31-03-2021 –
while this case was charged on 26-04-2021 and the same is yet to be
taken on file by the Hon’ble Court.
(iii) Cr.No. 240/2020 under sections 294(b), 324, 506(ii) r/w 34 IPC @ 143,
147, 148, 294/(b), 324, 506(ii) r/w 149 IPC @ 1453,147 and 148, 294(b),
324, 506 (ii), 109 IPC r/w 149 IPC, dated 07-07-2020, while this case was
charged on 02-08-2020 vide CC.No. 156/2020 and is Pending Trail before
the Hon’ble Court of JM-II, Karaikal.
(iv) Cr.No. 99/2021 under sections 269, 276, 294(b), 323, 506(i) IPC r/w 34
IPC and 51(b) of DM Act, dated 29-05-2021 – while this case is charge-
sheeted and is still yet to be taken on file before the Hon’ble Court,
Karaikal.
(v) Cr.No. 179/2021 under sections 20b(ii) (A) of N D P S Act and 8 C of
N D P S Act, dated 20-09-2021. that on 20-09-2021 at 15.30 hrs, the
Counter Petitioner along with the co-accused persons were arrested
while they were found in possession of arcotics drug namely, “Ganja”
(in six small plastic Packets contained totally weighing about 35.59
grams) for the purpose of selling and also for consuming at the
junction of Varavu Kotta Street and Kalmaattu Street, Karaikal and the
Ganja leaves along with cash worth of ` l,600.00 (Rupees one thousand
and six hundred only) and three mobile phones were seized from them.
They were brought to the Karaikal Town Police Station, Karaikal, by
Thiru S. Balamurugan, Inspector of Police and the case was registered
against all the offenders. This case was charge-sheeted on 20-01-2022
and Pending Trial before the Hon’ble Court of JM-II, Karaikal
vide STC.No. 90/2022.
PART-I ]
LA GAZETTE DE L’ETAT
1011
(vi) Cr.No. 48/2022 under sections 147, 148, 307, 323, 506(ii) IPC r/w 149
IPC, dated 28-02-2022 – while this case, that the Counter Petitioner
along with the co-accused had assaulted the complainant namely, one
Thiru Manikandan, son of Rajendiran and attempted to commit his
murder and also threatened him with dire consequences of his life due
to wordy quarrel following which the Counter Petitioner along with all
co-accused were remanded to judicial custody at Central Prison,
Kalapet, Puducherry – while this case has been charge-sheeted and is
not yet been taken on file before the Hon’ble Court of JM-II, Karaikal.
2. Whereas, according to the Petitioner, the Counter Petitioner is involved
in the above-mentioned hurt cases and cases which attract severe charges under
the N D P S Act, 1985, while such cases are stated tom have been Pending Trial
before the Hon’ble Courts of Law at Karaikal .The Police predicts that the Counter
Petitioner, if, he is left to move around freely in Karaikal area within the jurisdictions
of this Court during the bail period, his presence will cause hindrance to the
maintenance of public tranquility and common peace that himself and his associates
by way of their unruly behavior set a sense of fear and insecurity in the minds of
the general public. His criminal activities could not be immediately contained by
taking recourse of usual procedure of law for which it becomes immensely necessary
to invoke the provisions as contained er section 144 (i), (ii) and (iii) of Cr.P.C., which
is preventive in nature to ensure Public peace and order.
3. Whereas, the Station House Officer, Karaikal Town Police Station,
Karaikal, had laid the information under I.R.No. 08/2022 of the Karaikal Town Police
Station, Karaikal, dated 23-05-2022 which was received in this Court on 30-05-2022
as a special report filed by the Station House Officer concerned under section 144
of Cr.P.C., wherein, he had prayed before this Court that the Counter Petitioner
may be ordered not to enter in Karaikal region, for a period of six months except
on days when he is summoned to attend the cases by the Hon’ble Courts in Karaikal
by invoking the provisions under sections 144 (i), (ii) and (iii) of Cr.P.C.
4. Whereas, the case was called in, this Court had issued summons in Case
number MC. 52/2022 calling for the Petitioner and also the Counter Petitioner as
well to appear and depose before this Court regarding the information laid by the
Station House Officer, Karaikal Town Police Station, Karaikal, in I.R.No. 08/, dated
23-05-2022. Both of them appeared before this Court on 06-06-2022, 15-06-2022,
22-06-2022, 29-06-2022 and on 14-07-2022, the Counter Petitioner filed his counter
affidavit in writing by calling the information laid by the Petitioner in I.R.No. 08/2022,
dated 23-05-2022 under section 144 of Cr.P.C., as baseless and falsified in nature
and also stated that theCounter Petitioner does not even reside within Karaikal,
once after he has been allegedly entangled in Criminal cases, hence, he prayed
before this Court to dismiss the prayer of the Petitioner for orders under section
144 of Cr.P.C. While the Station House Officer, Karaikal Town Police Station,
Karaikal, had filed his Objections to the Counter affidavit filed by the Counter
Petitioner that the Counter Petitioner has scant regards to adhere to the Law and
Order requirements of the society for which the standing testimony is that a fresh
case under the N D P S Act, 1985 has been registered against him in Crime Number
147/2022, dated 04-07-2022 under section 20b (ii) (A) of N D P S Act and 8 C of
N D P S Act, 1985 even after filing and initiating proceedings under section 144 of
Cr.P.C., which shows that the Counter Petitioner is undeterred even by the ongoing
trials under section of 144 of Cr.P.C., before this Court.
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1012
5. Whereas, I am satisfied that based on the information placed before me
and other facts which are brought out through enquiry report placed by the Station
house Officer, Karaikal Town Police Station, Karaikal, that if, the Counter Petitioner
is allowed to move free handedly within the jurisdiction of Karaikal District, then
his free movement would encourage anti-social activity, cause fear and
apprehension in the minds of general public which would also severely affect the
public tranquility, good order, common peace in the area of living within the
jurisdiction of Karaikal Town Police Station, Karaikal and also within the entire
jurisdiction of this Court in Karaikal District. Further, the Station House Officer
reported that the Counter Petitioner is actively involved in sale of illegal drugs in
Karaikal District which might affect the social fabric, particularly affecting at-risk
youth
6. Hence, I, M. Adharsh, Subdivisional Magistrate, Karaikal, after going
through the information laid before me and also after satisfying myself of the need
for prohibition of certain activities of the counter petitioner, doth hereby pass
prohibitory order to the Counter Petitioner, Thiru Sakthi, son of Iyyappan under
sections 144 (i) (ii) and (iii) of Cr.P.C., to restrain him not to enter into the entire
region of Karaikal District which is under the jurisdiction of this Court, for a period
of 2 (two) months (or) 60 (sixty) days with effect from the date of issue this order
(or) till any further order passed by the competent authority revoking this
prohibitory order as per law whichever is earlier, except for the days when he is
required by any Court of law to comply with any lawful directions.
Given under my hand and the seal of this Court, dated the 04th day of
August, 2022 at Karaikal.
M. ADHARSH,
Subdivisional Magistrate.
————
GOVERNMENT OF PUDUCHERRY
IN THE COURT OF SUBDIVISIONAL MAGISTRATE, KARAIKAL
M.C. No. 53/2022/02-06-2022
(i) I.R.No. 15/2022 of the Thirunallar Police Station, dated 30-05-2022
received in this Court on 01-06-2022.
(ii) Additional report against the Counter Petitioner received from the Station
House Officer, Thirunallar on 19-07-2022.
Station House Officer,
Thirunallar Police Station,
Karaikal.
. . Petitioner
Vs
(1) Thiru Thavamani @ Pappa – C.P-(1),
W/o. Harikrishnan,
Melaveethi,
Thirunallar,
Karaikal.
(2) Thiru Saravana – C.P-(2),
S/o. Perumal,
No. 13, Thoppu theru,
Pettai, Thirunallar,
Karaikal.
PART-I ]
LA GAZETTE DE L’ETAT
1013
(3) Thiru Thamizhselvan @ Vetri – C.P-(3)
S/o. Kaliyaperumal,
No. 10, Ambethkar Nagar,
Thirunallar,
Karaikal.
. . Counter Petitioners
PROHIBITORY ORDER
(Under Section 144 (i), (ii) and (iii) of Cr.P.C.)
Whereas, one information under I.R. No. 15/2022 of the Thirunallar Police
Station, Karaikal, dated 30-05-2022 was received in this Court on 01-06-2022 as an
information laid under section 144 of Cr.PC., and also one additional report, dated
19-07-2022 filed by the Station House Officer concerned also was received in this
Court on 20-07-2022. The report filed by the Station House Officer, Thirunallar Police
Station, Karaikal, goes on to describe the criminal activities of the Counter
Petitioners (1), (2) and (3) namely, C.P (1) Thavamani @ Pappa, wife of Harikrishnan,
C.P(2) Saravanan, son of Perumal and C.P(3) Thamizhselvan @ Vetri, son of
Kaliyaperumal, who are allegedly being the three among the accused to have carried
out the brutal murder of the deceased namely K.Devamani, and also they are
reported to have planned to indulge in serious offences like, extortion, hurt with
criminal intimidation and thereby would become a perennial source of threat to the
community and disturbance to the public tranquility.
2. The Petitioner has further submitted to this Court that the Counter
Petitioners Thavamani @ Pappa, wife of Harikrishnan, Saravanan son of Perumal,
and Thamizhselvan @ Vetri, son of Kaliyaperumal, are involved in the murder case
of Devamani in Cr.No. 160/2021 under sections 148, 302, 307 IPC r/w 149 IPC @148,
302, 307, 120(B), 109 IPC r/w 149 IPC @ 148, 302, 307, 324, 120(B), 109 IPC r/w 149
IPC of Thirunallar Police Station, Karaikal and all of them were arrested and lodged
in the Central Prison, Puducherry under Judicial custody. The Counter Petitioners
are permanent residents of Thirunallar which comes under the territorial jurisdiction
of this Court.
3. They are reported to have been involved in the murder case on the
instigation of the Co-accused Manimaran @ Mani, the C.P(l).Thavamani @ Pappa
had allegedly kept the Sickles (Aruval) in the rear side of the accused Manimaran’s
Auto which was used for the commission of the murder of Devamani and thereby
abetted to commit the murder of Devamani and she also had reportedly instructed
the accused concerned in this case to kill Devamani. The Counter Petitioner namely
Thavamani @ Pappa, has been listed as accused (A-3) in the Murder case.
4. The Station House Officer being Petitioner also has submitted that the
Counter Petitioner C.P (2) Saravanan is involved in the murder case of Devamani
in Cr.No. 160/2021 under sections 148, 302, 307 IPC r/w 149 IPC @ 148, 302, 307,
120(B), 109 IPC r/w 149 IPC @ 148, 302, 307, 324, 120(B), 109 IPC r/w 149 IPC and
is a permanent resident of Thirunallar which comes under the territorial jurisdiction
of this authority. He is reported to have been the master mind of the murder case
and he had conspired with the co-accused to carry out the murder of Devamani in
order to set some score on personal enmity with the deceased on some Labour
contract issue. The Counter Petitioner is also reported to be personally involved
to hire the rowdy elements and other co-accused from Mayiladuthurai, Tamil Nadu
to carry out the murder of the deceased Devamani. The Counter Petitioner is
reported to have designed and planned to eliminate the complainant of the murder
and also the main witnesses of the murder case of Devamani.
1014
LA GAZETTE DE L’ETAT
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1014
5. Whereas, one special report as filed by the Station House Officer,
Thirunallar Police Station, Karaikal vide I.R.No. 15/2022 of the Thirunallar Police
Station, Karaikal, dated 30-05-2022 was received in this Court on 01-06-2022 as an
information laid under section 144 of Cr.P.C. and also one additional report, dated
19-07-2022 filed by the Station House Officer in which a case has been registered
under Crime Number 160/2021 under sections 148, 302, 307 IPC r/w 149 IPC @ 148,
302, 307, 120(B), 109 IPC r/w 149 IPC @ 148, 302, 307, 324, 120(B), 109 IPC r/w 149
IPC of Thirunallar Police Station, Karaikal and the Counter Petitioner was arrested
and remanded to the Judicial custody by the Hon’ble Court of JM-II at Karaikal
and he was lodged in the Central Jail, Kalapet, Puducherry and later on he was
granted Bail from the Hon’ble Courts of Law. The Station House Officer of
Thirunallar Police Station, Karaikal, also states that the Counter Petitioner namely
Saravanan, has been listed as accused (A-10) in this case while the Crime
Investigation has been completed and the case has been charge-sheeted on
21-01-2022 vide Charge-sheet No. 3/2022 and the case remains pending trial before
the Hon’ble JM-II Court, Karaikal vide PRC No. 1/2022.
6. Whereas, Petitioner has further submitted that the Counter Petitioner,
C.P(3) Thamizhselvan @ Vetri, is involved in the murder case of Devamani in Cr.No.
160/2021 under sections 148, 302, 307 IPC r/w 149 IPC @ 148, 302, 307, 120(B), 109
IPC r/w 149 IPC @ 148, 302, 307, 324,120(B), 109 IPC r/w 149 IPC and is a permanent
resident of Thirunallar which comes under the territorial jurisdiction of this
authority. He is reported to have been the master mind of the murder case and he
had conspired with the co-accused to carry out the murder of Devamani in order to
set some score on personal enmity with the deceased on some contract issue. The
Counter Petitioner is also reported to be personally involved to hire the rowdy
elements and other co-accused from Mayiladuthurai, Tamil Nadu to carry out the
murder of the deceased Devamani. The counter petitioner is reported to have
designed and planned to eliminate the complainant of the murder and also the main
witnesses of the murder case of Devamani.
7. Whereas, the information laid by the Station House Officer, Thirunallar
Police Station, Karaikal under section 144 of Cr.P.C., who has listed out the record
of previous case registered against the Counter Petitioner as detailed in the special
report filed by the Station House Officer, Thirunallar Police Station, Karaikal vide
I.R.No. 15/2022 of the Thirunallar Police Station, Karaikal, dated 30-05-2022 was
received in this Court on 01-06-2022 as an Information laid under section 144 of
Cr.P.C. and also one additional report, dated 19-07-2022 filed by the Station House
Officer under section 144 of Cr.P.C., in which a case has been registered under Crime
Number 160/2021 under sections 148, 302, 307 IPC r/w 149 IPC@ 148, 302, 307,
120(B), 109 IPC r/w 149 IPC @ 148, 302, 307, 324, 120(B), 109 IPC r/w 149 IPC of
Thirunallar Police Station, Karaikal and the Counter Petitioner was arrested and
remanded to the Judicial custody by the Hon’ble Court of JM-II at Karaikal and he
was lodged in the Central Jail, Kalapet, Puducherry and later on he was granted
Bail from the Hon’ble Courts of Law. The Station House Officer of Thirunallar Police
Station, Karaikal, also states that the Counter Petitioner namely Thamizhselven @
Vetri, has been listed as accused (A-II) in this case while the crime investigation
has been completed and the case has been charge-sheeted on 21-01-2022 vide
Charge-sheet No. 3/2022 and the case remains pending trial before the Hon’ble
JM-II Court, Karaikal vide PRC No. 1/2022.
8. Whereas, this Court has already imposed Prohibitory Orders under
sections 144 (i), (ii) and (iii) of Cr.P.C. in MC.No’s. 08/2022 , 09/2022 and also
10/2022 respectively based on the Special reports and prayers submitted to this
Court by the Station House Officer concerned in I.R. No’s. 04/2022, 06/2022 and
also I.R.No. 07/2022, dated 28-01-2022. The validity period of imposition of
PART-I ]
LA GAZETTE DE L’ETAT
1015
Prohibitory Orders imposed by this Court on the Counter Petitioners in the Cases
in MC.No’s. 08/2022 , 09/2022 and also 10/2022 with effect from 17-05-2022,
20-04-2022 and 04-04-2022.
9. Whereas, the Station house Officer, Thirunallar, Police Station, Karaikal,
has filed his special report vide I.R.No. 15/2022 of the Thirunallar Police Station,
Karaikal, dated 30-05-2022 received in this Court on 01-06-2022 as an information
laid under section 144 of Cr.PC. and also one additional report, dated 19-07-2022
that in the present context, if the Counter Petitioners Thavamani @ Pappa, wife of
Harikrishnan, Saravanan, son of Perumal, and Thamizhselvan @ Vetri, son of
Kaliyaperumal, are let free to move in the areas of Jurisdictional limits of the
Thirunallar Police Station, Karaikal:-
(i) The Station House Officer also reiterated that if, the Counter
Petitioner C.P(l) Thavamani @ Pappa is allowed to enter into the limits of the
Thirunallar and Karaikal region, she will certainly threaten the witnesses to hinder
their lawful deposition by using her influence and that she may threaten the
witnesses and that her entry into Thirunallar area may cause commission of heinous
crimes without fear of law and will give freedom to her other associates to commit
such kind of crimes in future.
(ii) and also the C.P.(2) Saravanan, if allowed to enter into the limits of
the Thirunallar and Karaikal region would certainly create Law and Order problem
in the local area since the victimized family of the deceased and also the supporters
of the deceased are in agitated and retaliatory mood that may cause certain
deterioration of Law and Order and public tranquility in Thirunallar area and hence,
according to the Petitioner, it is necessary to keep the C.P. under Preventive and
Prohibitory orders so as to curtail his criminal activities and to ensure safety and
security to the community and maintenance of Public orders under the provision
of 144 of Cr.P.C., which is preventive.
(iii) and also the C.P.(3) Thamizhselvan @ Vetri, if allowed to enter into
the limits of the Thirunallar and Karaikal region, he will certainly threaten the
witnesses to hinder their lawful deposition by using his influence and that he may
threaten the witnesses and that his entry into Thirunallar area may cause communal
clashes between two different community groups since the victimized and the
accused belong to two different communities and also that if, the Counter Petitioner
is allowed to enter Thirunallar area, he would get more freedom to commit similar
crimes in future.
10. Hence, the Station House Officer had registered a case in I.R.No. 15/2022
of the Thirunallar Police Station, Karaikal, dated 30-05-2022 received in this Court
on 01-06-2022 as an information laid under section 144 of Cr.P.C. and also one
additional report, dated 19-07-2022 and also prayed before this Court that the
Counter Petitioners may be ordered not to enter in Karaikal Region for a period of
six months excepts on days when they are summoned to attend the cases by the
Hon’ble Courts in Karaikal by invoking the provisions under sections 144 (i), (ii)
and (iii) of Cr.P.C.
11. Whereas, the case was called in, summons were issued to both
Petitioner and the Counter Petitioners to appear before this Court on 06-06-2022 so
as to answer the contents of the information laid by the Station House Officer,
Thirunallar under section l44 of Cr.P.C. in I.R.No. 15/2022 of the Thirunallar Police
Station, Karaikal, dated 30-05-2022. The Counter Petitioners appeared on 15-06-2022,
22-06-2022, 06-07-2022, 20-07-2022, while the learned Counsels representing their
clients as CP’s filed their counter affidavits before this Court and refuted the
contents of the information laid by the Petitioner under section 144 of Cr.P.C. in
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LA GAZETTE DE L’ETAT
[ PART-I
1016
I.R.No. 15/2022, dated 30-05-2022. The Counsel further stated that the Counter
Petitioners have not involved themselves in any Criminal activity even before and
after the Murder case filed in Crime Number 160/2021 under sections 148, 302, 307
IPC r/w 149 IPC @ 148, 302, 307, 120(B), 109 IPC r/w 149 IPC of Thirunallar
Police Station, Karaikal, which is Under Trial before the Hon’ble Court of Law.
The Counter Petitioner C.P.(1) Thavamani @ Pappa and also the Counter Petitioner
C.P.(2) Saravanan are reportedly staying outside Karaikal District and C.P.(1) is
presently undergoing treatment for her ailment at Pondicherry and C.P.(2) is earning
his livelihood outside Karaikal. They are said to be visiting Karaikal only to attend
the Criminal Trial sessions of the Hon’ble Courts of Law at Karaikal. The Counsel
for C.P.(3) Thamizhselvan @ Vetri stated that invoking the provisions of 144 of
Cr.P.C., will hamper the possibilities of attending the trials before the Criminal Court
of Law at Karaikal. While the Station House Officer, Thirunallar Police Station,
Karaikal, being the Petitioner has filed his objections before this Court on 20-07-2022
stating that their presence at Karaikal may harm law and order situations as they
are intimately involved in a political murder in Karaikal District. The situation is
still not resolved, since the murder victim was a political functionary and hence,
retaliatory action may take place at any time from now.
12. Whereas, I am satisfied that based on the information placed before
me and other facts which are brought out through the additional enquiry report
placed by the Station House Officer, Thirunallar Police Station that if, the C.P.’s
(1), (2) and (3) namely Thavamani @ Pappa, wife of Harikrishnan, Saravanan, son
of Perumal and Thamizhselvan @ Vetri, son of Kaliyaperumal are allowed to move
freely within the jurisdiction of Thirunallar Taluk, then their free movement would
cause fear and apprehension in the minds of general public which would also
severely affect the public tranquility, good order, common peace in the area of living
within the jurisdiction of Thirunallar Police Station, Karaikal and also within the
entire jurisdiction of this Court in Thirunallar Taluk since, their close association
with the hooligans and gangsters of the neighboring state of Tamil Nadu would
certainly instigate many more criminal activities to send fearsome sense of
insecurity of life in the minds of general public if, the movements of the Counter
Petitioners are not contained by Prohibitory Orders.
13. Hence, I, M. Adharsh, Subdivisional Magistrate, Karaikal, after going
through the information laid before me and also after satisfying myself of the need
for prohibition of certain activities of the Counter Petitioners, doth hereby pass
prohibitory orders to the Counter Petitioners, namely:-
CP-(1)- Thavamani @ Pappa, wife of Harikrishnan,
CP-(2)- Saravanan son of Perumal, and
CP-(3)- Thamizhselvan @ Vetri, son of Kaliyaperumal under sections 144
(i) (ii) and (iii) of Cr.P.C., to restrain all of them not to enter into the areas under
the Jurisdiction of Thirunallar Taluk which are under the jurisdiction of this Court,
for a period of 2 (two) months (or) 60 (sixty) days with effect from the date of issue
this order (OR) till any further order passed by the competent authority revoking
this Prohibitory order as per law whichever is earlier, except for the days when
they are required by any Court of law to comply with any lawful directions.
Given under my hand and the seal of this Court, dated the 04th day of
August, 2022 at Karaikal.
M. ADHARSH,
Subdivisional Magistrate Karaikal.
online publication at “https://styandptg.py.gov.in”
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