Azhagumuthu.S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2022
CORAM:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI S.Azhagumuthu ... Petitioner versus
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to initiate appropriate legal actions based on the petitioner's representation dated 19.07.2022, within a stipulated time that may be fixed by this Court.
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For Petitioner : Mr.J.Parekhkumar For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)
ORDER
This Writ Petition is filed seeking a direction to the respondents to initiate legal actions based on the petitioner's representation dated 19.07.2022, within a stipulated time.
2. The case of the petitioner is that his father Shanmuga Thevar @ Shanmugavel Thevar, who died intestate on 12.04.2006, had two wives, namely, Shanmugathayammal and Kaliyammal and he is having eight children through his first wife and one female child through his second wife. The petitioner was born through the first wife, who died during the year 1997. After the demise of his father, no legal heir 2/6
certificate was obtained from any authority till date. According to him, his father had several ancestral properties including the Punja lands to the extent of 2 acre 78 cents in Survey No.336/4 and to the extent of 1 acre 68 cents in Survey No.335/2A Ayyaneri Village, Kovilpatti Taluk, Thoothukudi District in Patta No.257.
3. It is the grievance of the petitioner that one Selvakumar is trying to sell their land in Survey No.335/2A. According to him, on enquiry, he came to know that one Karuppayee, one Ganapathiammal and one Maheshwari have jointly obtained a legal heir certificate dated 26.03.2001 in a fraudulent manner, as if the said Kaliammal died on 10.01.1975 and the petitioner's father died on 10.09.2000 and that they are legal heirs of them. By utilizing the same, they made mutations in Patta and other revenue records in their favour in respect of the property in Survey No.335/2A, to the extent of 1 acre 68 cents on 24.03.2022 and thereafter, they created sale deed dated 21.04.2022 in Document No.4375/2020 as if they sold the said property to one 3/6
Selvakumar, S/o. Muthiah and they changed the revenue records including the patta in favour of the said Selvakumar on 26.04.2022. When the petitioner questioned the same, they threatened him in filthy language. Therefore, he lodged a complaint with the second respondent Police to take action against them. On receipt of the said complaint, the respondent Police issued CSR No.604 of 2022. However, no action has been taken by the second respondent sofar. Thereafter, he filed a representation dated 19.07.2022 to the first respondent to take necessary against the proposed accused. However, there was no response from them. Therefore, the petitioner is before this Court.
4. The learned Government Advocate (Crl. Side) submits that on receipt of the petitioner's complaint, petition enquiry was conducted and thereafter, it was closed as civil in nature. 4/6
5. Recording the said submission, the writ petition is closed with liberty to the petitioner to file a fresh representation before the respondents and on receipt of such representation, the respondents shall consider the same and pass orders on merits and in accordance with law, within a period of four weeks thereafter. No costs. 06.10.2022 ogy Index : Yes / No Internet: Yes / No.
To
1. The Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.
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T.V.THAMILSELVI , J.
ogy 06.10.2022 6/6