Veeramuthu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27438 of 2015 Veeramuthu ... Petitioner Vs

1. State represented by The Inspector of Police, Thalavai Police Station, Ariyalur District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register a case based on the complaint given by the petitioner dated 25.07.2015. For Petitioner :

Mr.P.Pugalenthi For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the respondent to register the complaint given by the petitioner dated 25.07.2015 and enquire into the matter in accordance with law.

2. The case of the petitioner is that the petitioner is working as a Pusari in a temple namely Akni Veeranar Temple. The petitioner and his brother Arumugam constructed a house in the patta land in Survey No.257/2. One Rajendran, who is a resident of the said village, acting as a Nattamai, has lodged a complaint before the Tahsildar, Sendurai, Ariyalur District, against the petitioner on the ground that the patta land, in which the petitioner constructed house, belongs to the temple. https://hcservices.ecourts.gov.in/hcservices/

On 05.06.2015, the Tahsildar enquired the matter and found that the complaint is false and closed the complaint. Thereafter, the said Rajendran held 'katta panchayat' and ordered for excommunication. The petitioner was also threatened with dire consequences. Hence, the petitioner lodged a complaint before the respondent police, but no action was taken by the respondent police till date. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent police to conduct enquiry on the complaint of the petitioner dated 25.07.2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law.

5. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vrc/vsm To

1. The Inspector of Police, Thalavai Police Station, Ariyalur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pugalenthi, Advocate, S.R.No.61610 Crl.O.P.No.27438 of 2015 TM(CO) CA(08/12/2015) https://hcservices.ecourts.gov.in/hcservices/