Kumarpandi v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Kumarpandi .. Petitioner Vs

1. The Superintendent of Police Office of the Superintendent of Police Tenkasi District

2. The Inspector of Police Pavoorchatram Police Station Tenkasi District .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take appropriate action on the petitioner's representation/complaint dated 28.11.2024. For Petitioner : Mr.P.Mani Anandh For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/6

ORDER

This Writ Petition has been filed to direct the respondents to take appropriate action on the petitioner's representation/complaint dated 28.11.2024.

2. The petitioner had lodged complaint to the respondent police who had assigned CSR No.1393 of 2024 on 20.11.2024, thereafter no action has been taken, hence the present petition has been filed.

3. The contention of the petitioner is that the petitioner had purchased property from one Gnanathangam and others and thereafter the Gnanathangam alone was evading. Later notice was issued by the registration authorities. Though the Gnanathangam signed the document in the presence of witnesses, she had not come forward for registration of the documents, hence the document was kept pending as P.No.68 of 2017. Subsequently the petitioner lodged a complaint before the District Registrar, Tenkasi seeking to register his documents and based on the notice issued by the Registering authority the said Gnanathangam 2/6

appeared for enquiry, wherein the said Gnanathangam accepted her signature therefore the document in question was directed to be registered. However due to technical issues the document could not be registered. In the meantime the said Gnanathangam filed a suit in O.S. No. 555 of 2018 before the Principal Sub Court, Tenkasi and obtained an interim order in her favour. That apart the parent documents of the subject property namely document 2484 of 2009 and 559 of 2010 are all with the petitioner and thereafter complaint has been lodged as though original documents has been lost and using the same, security documents have been projected as preliminary document and sale deed has been executed using the document which have been filed before the civil Court with the connivance of the registration authorities. Though compliant has been lodged to the Sub Registrar, Pavoorchartram ,despite the documents have been created to execute the sale when there is a pending document for same property even as early as from 2017.

4. The learned Additional Public Prosecutor submitted that there is some complicity by the accused with the officials in the registration department and the documents needs detailed look and the preliminary 3/6

enquiry confirms the petitioner's contention and the detailed enquiry is needed and if prima facie cognizable offence made out First Information Report can be registered and investigation to proceed.

5. Taking into consideration the above facts and circumstances this Court directs the second respondent police to conduct detailed enquiry in this matter and take appropriate action in accordance with law as expeditiously as possible.

6. With the above direction the Writ Petition stands disposed of. No costs.

21.01.2025 Index: Yes/No Internet : Yes/No aav 4/6

To

1. The Superintendent of Police Office of the Superintendent of Police Tenkasi District

2. The Inspector of Police Pavoorchatram Police Station Tenkasi District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

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