Muthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI, J W.P(MD)No.9743 of 2022 Muthu ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Anti-Land Grabbing Special Cell, Pudukkottai District.

3.Suresh, The Tahsildar, Pudukkottai Natham Land Department, Pudukkottai District.

4.William Joseph, The Tahsildar, Pudukkottai Natham Land Department, Pudukkottai District.

5.Silon Mani, The Office Assistant, Pudukkottai Natham Land Department, Pudukkottai District.

6.Kalidas, The Surveyor, Pudukkottai Natham Land Department, Pudukkottai District.

7.Thiraviyasami, Assistant Director, Pudukkottai Natham Land Department, Pudukkottai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents 1 & 2 to take necessary action against the respondents 3 to 7 herein, based on the petitioner's representation dated 19.04.2022. For Petitioner :M/s.A.Banumathy For R1 & R2 :Mr.A.Albert James Government Advocate (Crl.side) 1/3

O R D E R

This writ petition is filed for issuance of a writ of Mandamus, directing the respondents 1 & 2 to take necessary action as against the respondents 3 to 7 herein, based on the petitioner's representation dated 19.04.2022.

2. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. Mr.A.Albert James, Government Advocate (Crl.side) takes notice for the respondents 1 & 2.

3. The case of the petitioner is that the petitioner is the Power of Attorney of the property in Survey No.6101/6 to an extent of 115 sq.mt and Survey No.6102/3 to an extent of 660 sq.mt, which belongs to one Chithra, W/o Chandhiran. She also got patta for the above mentioned property in her favour. Since, the petitioner is the power of attorney, he is managing the property of the said Chithra. At this juncture, on 12.01.2021, one Bhuvaneswari executed a forged settlement deed to one Amutha, in respect of property in Survey No.6101/6 and on 12.03.2022, one Logambal executed a forged settlement deed to Ananthi, in respect of property in Survey No.6102/3. According to the petitioner, the respondents 3 to 7 herein registered the documents, by getting bribe of Rs.30,00,000/ and they also destroyed the patta, which stands in name of Chithra.

Hence, the petitioner made a representation to the first respondent on 19.04.2022 to take necessary action as against the respondents 3 to 7. Since there is no response from the first respondent, the petitioner is before this Court with the present writ petition. 4.Since no adverse order is going to be passed against the private respondents 3 to 7, notice to the private respondents 3 to 7 is dispensed with.

5.Learned Government Advocate appearing for the official respondents has no serious objection for consideration of the petitioner's representation dated 19.04.2022.

6. Considering the submission made by the learned counsel for the petitioner as well as the learned Government Advocate for the respondents 1 & 2, without expressing any opinion on the representation of the petitioner and the submissions made by the learned Government Advocate and without going into the merits of the petition, this Court issues a direction to the first respondent, to consider the representation of the petitioner, dated 19.04.2022, on merits and in accordance with law, after providing opportunity to the petitioner and the private respondents, within a period of four weeks from the date of receipt of a copy of this order. 2/3

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn/gbg To 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Anti-Land Grabbing Special Cell, Pudukkottai District.

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

Order made in W.P(MD)No.9743 of 2022 11.05.2022 SS/17.05.2022 : 3P/4C 3/3