Madras High Court
A.Vishveswaran vs State By on 10 June, 2014
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.06.2014 CORAM THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Crl.O.P.No.14307 of 2014 1.A.Vishveswaran 2.S.Vimala ...Petitioners vs. State by Inspector of Police Anti-Land Grabbing Cell Annathanapatti Salem District. ...Respondent Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent not to harass the petitioners. For Petitioner : Mr.B.Kumarasamy For Respondent : Mr.C.Emalias, Additional Public Prosecutor O R D E R
This petition has been filed to direct the respondent not to harass the petitioners.
2. The petitioners' case is that they have purchased a property measuring an extent of 2501 sq.ft., from one Rajendran, by a registered sale deed dated 07.09.1979 registered as Document Nos.4608/1979 and 4609/1979. The petitioners further claim that they are in possession of the property ever since the date of purchase. They would further state that in 1980, the said Rajendran sold another extent of 780 cents by a registered sale deed registered as Document No.2323 of 1980. Thus the petitioners would state that they are the absolute owners of the entire extent of land measuring 21-1/2 cents in Jamin Survey No.403, Survey No.23/7 of Erumapalayam Village, ever since the date of purchase, i.e., 1979/1980. After about 35 years now, Rajendran is said to have given a complaint on the ground that, the original parent document was missing and by obtaining a 'Non-Traceable Certificate' from the police during January 2013, stating that the sale deed registered as Document No.2485/1975 dated 10.09.1975 and another partition deed dated 16.02.1977 bearing Document No.131 of 1977 are missing. Based on such record given by the police stating that the said documents are missing, now a complaint has been preferred.
Thus from the averments made it is evidently clear that, the matter is of purely civil nature and for the fact that the petitioners have purchased the property in question 35 years back, they cannot be harassed by the respondent police. Accordingly, there will be a direction to the said effect.
The Criminal Original Petition is disposed of accordingly.
10.06.2014 gms To
1. Inspector of Police Anti-Land Grabbing Cell Annathanapatti Salem District.
2.The Public Prosecutor, High Court, Madras.
T.S.SIVAGNANAM, J.
gms Crl.O.P.No.14307 of 2014 10.06.2014