P.Manikandan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN P.Manikandan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Anti Land Grabbing Cell, Tenkasi.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner under the guise of enquiry without due process of law. For Petitioner : Mr.R.Niresh Kumar For Respondents : Mr.A.Albert James Government Advocate (Crl. side) O R D E R This Criminal Original Petition has been filed seeking a direction to the second respondent not to harass the petitioner on the basis of the enquiry and on the basis of the complaint given by one Pushpam. 1/4

2.The learned counsel for the petitioner submits that the petitioner is also one of the affected party. He purchased the property from the first accused without knowing the earlier ownership. So, on the basis of the above said complaint, he has been harassed.

3.The learned Government Advocate(Crl.side) submits that during the course of enquiry, this petitioner also appeared before the enquiry officer and has given a statement that during the course of enquiry, it was brought to his notice that the above said sale deed is not a valid one. Since the executor of sale deed is not the owner of the property, he was also given an undertaking that he will execute a deed of reconveyance in favour of the true owner. So, on the basis of the above said enquiry, the matter is kept pending. It appears that to overcome the above said undertaking, the present petition has been filed stating that he has been harassed.

4.If really, the petitioner has been cheated by the vendor, he ought to have co-operated with the respondent police, to complete the process of enquiry. He has to co-operate with the respondent police to complete the enquiry process and if any trouble arises during the course of enquiry, he can workout his remedy through appropriate proceedings. 2/4

5.With the above said liberty, this Criminal Original Petition is disposed of.

09.09.2022 Index : Yes/No Internet : Yes/No sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Deputy Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Anti Land Grabbing Cell, Tenkasi.

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

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G.ILANGOVAN. J.

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