K.Chellamuthu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.24540 of 2021 K.Chellamuthu ... Petitioner

Versus

1.The Superintendent of Police, Kallakurichi District, Kallakurichi.

2.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

3.Rajendran 4.Muthusamy 5.Pazhaniyappan 6.Muthammal 7.Sudha 8.Raju 9.Kannan 10.Sovan 11.Santhi 12.Narayanakonar 13.Govindhan 14.Chinnasamy 15.Chellammal

16.Selvaraj 17.Ramasamy 18.Thangavel 19.Ramesh 20.Malliga 21.Kolanchiyappan 22.Pazhaniyappan 23.Muthammal 24.Jayaraman 25.Gokilambal 26.Balakumar 27.Jegajothi 28.Vasanthi 29.Selvaraj 30.Perumaiee 31.Arumugam 32.Ramakrishnan 33.Sadhasivam 34.Chandra 35.Chinnasamy Mudhaliyar 36.Thangaraj 37.Kandhasamy 38.Chandra

39.Indra 40.Mageswari 41.Shakthivel 42.Senthilkumar 43.Murugesan 44.Kumarasamy 45.Pazhaniyammal 46.Subramaniyan 47.Jothi 48.Marimuthu 49.Vijaya 50.Govindharaj 51.Kamalam 52.Chinnasamy 53.Sivakami 54.Rajendran 55.Jeyanthi 56.Shanthi 57.Sumathi 58.Varatharajan 59.Raja 60.Manjula 61.Jeya 62.Sakthivel

63.Kaliyaperumal 64.Amirthavalli 65.Govindharaj 66.Senthilkumar 67.Kumar 68.Manickam 69.Mahalingam 70.Elangovan 71.Periyasamy 72.Veeramuthu 73.Sakthivel 74.Devi 75.Thiripurasundari 76.Chellamuthu 77.Gowthami ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police not to harass the petitioner and not to interfere with the civil dispute between the petitioner and the respondent Nos.3 to 77 in respect of the petitioner's property described in O.S.No.189/2009 pending on the file of the learned Principal District Munsif, Kallakurichi.

For Petitioner :Mr.G.Balamanikandan For R1 & R2 :Mr.R.Vinothraja Government Advocate (Crl.Side) * * * * *

O R D E R

This petition has been filed seeking a direction, to direct the second respondent police not to harass the petitioner and not to interfere with the civil dispute between the petitioner and the respondent Nos.3 to 77 in respect of the petitioner's property described in O.S.No.189/2009 pending on the file of the learned Principal District Munsif, Kallakurichi. 2.The grievance of the petitioner is that on the complaint of the respondent Nos.3 to 77, the petitioner is being constantly harassed by the respondent police. The petitioner had executed the un-registered Power of Attorney dated 26.02.2021 in favour of the third respondent in respect of the property in Survey No.299/4 to an extent of 0.28 cents. Taking advantage of the Power of Attorney, the third respondent by way of other forged Power of Attorney had executed several Sale Deeds in favour of other private respondents i.e. respondent Nos.4 to 77 in respect of the petitioner and his brother's entire properties and on the strength of the forged Sale Deeds, with regard to Survey Nos.299/4, 299/5 and 306/3.

3.The respondent Nos.4 to 77 known well that the third respondent had got no valid power of attorney and the respondent Nos.3 to 12 were trying to interfere with the peaceful possession and enjoyment over the petitioner's property. Therefore, the petitioner and his brother's minor children were forced to file a Civil Suit in O.S.No.189 of 2009 before the Principal District Munsif Court, Kallakurichi. Thereafter, the petitioner came to know about the encroachment by other respondents i.e. respondent Nos.13 to 77.

Therefore, the petitioner has filed an interlocutory application in I.A.No.577 of 2020, to implead the respondent Nos.13 to 77 as respondents in the said suit, which is still pending for counter of the respondents. At this time, a false complaint is filed by the respondents to create a defence in the civil suit to deter the petitioner to further pursue the suit. The respondent Nos.3 to 77 had filed a false complaint earlier, for which the petitioner had appeared before the second respondent and gave his explanation. For obvious reason, the petitioner being an aged person aged about 66 years is un-necessarily harassed. Hence, he filed this present petition. 4.The learned Government Advocate [Crl. Side] submits that in case of such circumstances, the appearance of the petitioner along with necessary documents is required. Thereafter, appropriate steps would be taken by the respondent police.

5.Considering the submissions and on perusal of the materials, this Court finds that it is a civil dispute and no further harassment is to be given to the petitioner. In view of the same, the petitioner is directed to appear before the respondent police on 22.12.2021 and produce the required documents and thereafter, the respondent police is directed to take appropriate action in the manner known to law. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar ah To 1.The Principal District Munsif, Kallakurichi.

2.The Superintendent of Police, Kallakurichi District, Kallakurichi.

3.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Balamanikandan, Advocate SR.No.67852 CRL.O.P.No.24540 of 2021 EV(CO) CB(04/01/2022)