Madras High Court
G.Premkumar vs State Of Tamilnadu on 12 July, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
WP.No.12352 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
WP.No.12352 of 2024
and
WMP.Nos.13466, 13468 and 13469 of 2024
G.Premkumar,
Represented by his Power of Attorney Holder,
Mr.Pendyala Panduranga Rao, ... Petitioner
Vs.
1. State of Tamilnadu
Represented by the Secretary
(Home Department)
Fort.St.George,
Chennai, Tamilnadu-600 009.
2. Director General of Police (NRI Cell)
Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004.
3. The Commissioner of Police,
Officer of the Commissioner of Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai-600 007.
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WP.No.12352 of 2024
4. Assistant Commissioner of Police,
Land Grabbing Cell,
Office of the Commissioner of Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai-600 007.
5. The Inspector of Police,
Land Grabbing Cell, Team 17-A
Office of the Commissioner of Police,
No.132, Commissioner Office Building,
EVK Sampath Road,
Vepery, Chennai-600 007.
6. Central Bureau of Investigation,
Rep by its Joint Director,
III Floor, E.V.K.Sampath Building,
CollegeRoad, Chennai-600 006.
7. Sivaganesan ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India
for the issuance of Writ of Mandamus, directing the respondents 1 to 5 to
hand over and transfer the file regarding the complaint dated 27 th
February 2024 to the 6th respondent herein to investigate the complaint
and to take appropriate action in accordance with law or to transfer the
said file to a Special Investigation Team under the supervision of a Senior
IPS Officer, so asto investigate the illegal and grabbing complaint against
the 7th respondent and to protect the petitioner's property situated at Plot
No.19 (Door No.19) East Coast Road, Sri Kapaleshwar Nagar,
Neelankarai Village, Chennai, Tamilnadu-600 115 in original
SurveyNo.84/1B1, sub divided survey No.84/1B1A1A1A1AII, present
survey No.84/111 (Patta No.818), No.145 Neelankarai Village,
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WP.No.12352 of 2024
Sholinganallur Taluk, Chengalpet District, admeasuring an extent of 2
grounds and 1,090 square feet of land from the land grabbers such as the
7th respondent.
For Petitioner : Mr.S.Kumar
For Respondents : Mr. S.Udaya Kumar
Government Advocate (Crl.Side)
for R1 to R5
: Mr.P.Kavin Prabhu for R7
ORDER
The petitioner herein claiming ownership for a piece of land on the ECR road at Srikapaleshwar Nagar, Neelankarai Village measuring about two grounds and 1090 sq.ft had given a complaint on 27.02.2024 to NRI Cell to CCB alleging that taking advantage of his absence , there is an illegal occupation in his land by certain goondas and when they were asked to vacate, his agents were threatened. Therefore, requests to take strict legal actions against the illegal occupants and hooligans was sought. Since no action was taken on his representation on his representation, has moved this Court seeking mandamus to handover the investigation of his complaint dated 27.02.2024 to CBI and direct the CBI to constitute a Special Investigation Team under the supervision of an Senior IAS Officer and investigate the illegal land grabbing complaint.
2. When the matter was taken up for consideration, on seeing the https://www.mhc.tn.gov.in/judis 3/7 WP.No.12352 of 2024 photographs of the property, this Court queried the learned Government Advocate (Crl.Side) regarding the action taken. In response, the learned Government Advocate after getting instructions reported that necessary action will be taken and encroachment will be removed as early as possible and there is no need to transfer the investigation. When the matter was adjourned to 07.06.2024, it was reported that the illegal encroachment were totally removed and possession is with the petitioner herein. Further, it was also brought to the notice that the 7th respondent's claims title over the property and the suit is pending in this regard.
3. In the meanwhile, the complaint was forwarded to CCB regarding forgery and manipulation of documents was taken for enquiry by CCB and they have closed the complaint after recording statement of the witnesses which indicates that the revenue documents stands in the name of the petitioner and no evidence available to indicate the land been grabbed by fabricating documents. Having come to the said conclusion, the petition been closed by the CCB and regarding the encroachment and removal in Cr.No.189 of 2024 dated 17.06.2024 is still under investigation.
4. From the facts putforth by the counsel and seen from the https://www.mhc.tn.gov.in/judis 4/7 WP.No.12352 of 2024 records, this Court finds that the suit regarding title is pending in O.S.No.206 of 2024 on the file of District Magistrate-Cum-Judicial Magistrate, Sholinganallur which is between the petitioner and the 7 th respondent. As far as the possession of the property is concerned after removal of the encroachment, it is vested with the petitioner herein and for illegal encroachment, case has been registered and pending investigation in Cr.No.189 of 2024. Regarding the alleged manipulation of document, forgery etc, the preliminary enquiry conducted by CCB has not disclosed any cognizable offence. Therefore, the complaint been closed.
5. In the light of the such status of dispute, this Court finds that the relief sought by the petitioner herein is substantially complied with and if there is any grievance, it is open for him to seek redressal before the appropriate forum.
6. Accordingly, this Writ petition is disposed of. No order as to costs. Consequently, the connected miscellaneous petitions are closed.
12.07.2024 Vv To https://www.mhc.tn.gov.in/judis 5/7 WP.No.12352 of 2024
1. The Secretary State of Tamilnadu (Home Department) Fort.St.George, Chennai, Tamilnadu-600 009.
2. The Director General of Police (NRI Cell) Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
3. The Commissioner of Police, Officer of the Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
4. Assistant Commissioner of Police, Land Grabbing Cell, Office of the Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
5. The Inspector of Police, Land Grabbing Cell, Team 17-A Office of the Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
6. Central Bureau of Investigation, Rep by its Joint Director, III Floor, E.V.K.Sampath Building, CollegeRoad, Chennai-600 006.
Dr.G.JAYACHANDRAN,J.
https://www.mhc.tn.gov.in/judis 6/7 WP.No.12352 of 2024 Vv WP.No.12352 of 2024 and WMP.Nos.13466, 13468 and 13469 of 2024 12.07.2024 https://www.mhc.tn.gov.in/judis 7/7