Madras High Court
Palaniammal vs The Collector on 19 January, 2007
Bench: P. Sathasivam, N.Paul Vasanthakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:19.01.2007
CORAM:
THE HON'BLE MR. JUSTICE P. SATHASIVAM
AND
THE HON'BLE MR. JUSTICE N.PAUL VASANTHAKUMAR
WRIT APPEAL Nos.767, 1129 OF 2006
AND
WRIT PETITION NO.20491 of 2004
and
connected miscellaneous petitions
Palaniammal .. Appellant in both the
Writ Appeals and
petitioner in the Writ
Petition.
.vs.
1. The Collector
Coimbatore District.
2. The Revenue Divisional Officer
Tiruppur, Coimbatore District.
3. The Tahsildar
Palladam Taluk
Coimbatore District.
4. The Village Administrative Officer
Mopperipalayam Village
Palladam Taluk
Coimbatore District.
5. The Sub-Registrar
Sub-Registrar Office
Annoor, Avanashi Taluk
Coimbatore District.
6. The Superintendent of Police
Coimbatore District.
7. Sivasamy
8. Rackiappan
9. Subbanna Gounder
10. Gurusamy
11. Sarasammal ..Respondents both the
Writ Appeals and in the Writ Petition.
Writ Appeals filed under Clause 15 of the Letters of
Patent against the orders of the learned Judge Mr.P.D.
Dinakaran dated 25.07.2005 made in W.P.M.P.Nos.24667 and 24668
of 2005 in W.P.No.20491 of 2004 respectively.
Writ Petition is filed under Article 226 of the
Constitution of India praying for issuance of a Writ of
Mandamus as stated therein.
For appellant/ : Mrs. Palaniammal
petitioner Party-in-Person
For respondents : Mr. K. Elango
1 to 6 Spl.Govt. Pleader
R.7, R.8, R.9 and R.11 appeared
in person.
No appearance for R.10.
COMMON JUDGMENT
(Judgement of the Court was delivered by P. SATHASIVAM,J.) The above writ appeals are directed against the orders of the learned single Judge dated 25.07.2005 made in W.P.M.P.Nos.24667 and 24668 of 2005 in W.P.No.20491 of 2004 respectively, in and by which the learned Judge, after finding that the grievance of the petitioner and the relief sought for cannot be gone into by this Court, exercising jurisdiction under Article 226 of the Constitution of India, dismissed those petitions.
2. Considering the fact that the appellant/writ petitioner is appearing in person, we heard her at length. We also heard learned Special Government Pleader for respondents 1 to 6.
3. Pursuant to our direction dated 05.01.2007, respondents 7, 8, 9 and 11 appeared before this Court. We also enquired and heard their grievance.
4. Inasmuch as the parties are not willing to engage counsel, we ourselves verified the relief prayed for in the main writ petition. The prayer in the writ petition reads as under.
" to issue a writ of Mandamus or any other appropriate writ, order or direction, in the nature of a writ to direct the 5th respondent to cancel all the documents of the petitioner's property situated in M. Pappampatti, Moperipalayam Village, Palladam T.K. (1) S.No.713/15 (As per patta Survey No.715/A, extent of 81 cents landed property's documents forged by late by Velusamy and his son Sivasamy in the year 1994 onwards (2) Survey No.394/3, 395/2B, 395/3B, 395/5A extent of 2.13 acres landed property's documents forged by Gurusamy son of Narayana Gounder in the year 1996 onwards (3) Survey No.702/2 extent of 87 + cents landed property's documents forged by Rockiappa Gounder son of (Late) Marappa Gounder in the year 2001 onwards (4) A tiled house property door No.8 (Old No.) Pillayar Koil Street, Pappampatti, Moperipalayam Village, Palladam Taluk it's will document forged by Subbanna Gounder son of Ganapathy Gounder in the year 2001 onwards, consequently to register the above said properties in favour of the petitioner's name.
5. During the course of hearing the learned single Judge (F.M. Ibrahim Kalifulla,J.) by order dated 15.03.2005, passed the following order.
" The Registry is directed to gather a report from the Principal District Judge, Coimbatore as to the stages at which the proceedings referred to in this petition, pending on the file of the Judicial Magistrate, Avinashi as on this date in order to enable this Court to pass appropriate orders. The report shall be collected from the Principal District Judge, Coimbatore in four weeks time.
Post the writ petition on 12.04.2005. "
When the matter again came up for hearing on 25.07.2005, the learned single Judge (P.D. Dinakaran,J.) directed the learned Principal District Judge, Coimbatore, to give effect to and pass appropriate orders as ordered on 15.03.2005 and closed WPMP.No.24667 of 2004.
6. Pursuant to the said direction, the learned Principal District Judge, Coimbatore forwarded the reports dated 14.11.2005 and 16.11.2005 received from the District Munsif-
cum-Judicial Magistrate, Avanashi in respect of First Information Report in Crime Nos.344/2000, 243/1999, 254.2001, 308/2003 and 206/2003, which were pending on the file of District Munsif-cum-Judicial Magistrate, Avanashi. The following details are available in the said reports.
The following details are available in the said reports.
Sl. Case No. Station and Crime Stage of the Case
No. No.and Section of
Law.
(1) (2) (3) (4)
1 CC.99/05 Karumathampatty On 29.11.2005, the case
Police Station stood posted and it was
Cr.No.344/2000 reported that A1 is died.
U/s.468, 427, 434 A2 to A5 refused to IPC. receive the summons and hence NBW was issued against them and later it was recalled. Thereafter the complainant continuously absent from 19.1.2006. Notices were issued to the complainant.
The case was posted on 12.12.2006. On 12.12.2006 also the complainant was absent. A2 present and A3 to A5 were absent.
Petition U/s.317 Cr.P.C.
Was filed and allowed for A3 and A4. NBW was issued to A5. Now the case is posted to 11.1.2007 for production of death certificate of A1 and for execution of the NBW against A.5.
2 CC.322 of Karumathampatty On 22.11.2005, after 2002 Police Station clubbing the complaint Cr.No.243/99 given by defacto U/s.326, 323 IPC. complainant, other two accused namely Nanjammal and Thulasimani added as A3 and A4 and summons were issued. As the summons were refused by A3 and A4.
NBW were issued against A3 and A4. On 19.1.2006, after getting anticipatory bail, A4 surrendered. On 7.2.06, the death certificate for A3 was filed and charge against A3 abated. On 29.5.2006, copies were given to the accused. On 30.5.06, the accused denied the charge and the case was posted to 1.6.06. The defacto complainant was examined as PW1 in part. PW1 refused to complete the Chief examination. Later PW2 to PW5 were examined.
Now the case is posted to 11.1.07 on the production of witnesses 2,5 and 6.
3 CMP.3243 Karumathampatty Even after several of 2002 Police Station adjournments for enquiry Cr.No.254/01. u/s.202 Cr.P.C., the complainant has not produced any witnesses.
Hence, as a last chance, the case is adjourned to 11.1.2007.
4 STC.2177o Karumathampatty The trial commenced on f 2003 Police Station 23.2.2006. Pws.1 to 7 Cr.No.206/2003 have been examined and the U/s.341, 323, 506 prosecution side is closed
(ii) IPC. on 5.12.2006. The accused was questioned U/s.
313(1)(b) Cr.P.C. Now the case stands posted to 2.1.2007 for examination of defence side witnesses.
5 CC.24 of Karumathampatty The District Munsif-cum- 2004 Police Station Judicial Magistrate, Cr.No.308/2003. Avinashi in her earlier report has submitted that the case in Cr.No.308/2003 has been filed u/s.379 IPC for theft of a Moped. The complainant of that case is Sheik Ameen S/o.Kotabai and not related to the petitioner Palaniammal.
The case taken on file as C.C.24/2004 has been disposed off on 24.2.2004.
7. Today, we once again heard the appellant/writ petitioner in detail. We also heard respondents 7, 8, 9 and 11, who were present before us. In spite of our request and persuasion for engaging counsel, appellant/writ petitioner, who appeared in person is not willing to accept our request.
She repeatedly represented that her complaint regarding forgery may be enquired and appropriate action may be taken against the person concerned. From the reports of the District Munsif-cum-Judicial Magistrate, Avanashi, it is clear that the complaints made by the appellant/writ petitioner are pending before the concerned Court. In such circumstances, the grievance expressed by the petitioner cannot be gone into by this Court. We are satisfied that ends of justice would be met by directing the learned District Munsif-cum-Judicial Magistrate, Avanashi to give priority to the above mentioned pending cases, viz., CC.99/2005, CC.322/2000, CMP.3243/2002 and STC.2177/2003, and dispose of the same one way or the other, after affording opportunity to all the parties concerned. The appellant/writ petitioner, is directed to cooperate for the early disposal of the above cases. After disposal of the above said matters, learned District Munsif-
cum-Judicial Magistrate, Avanashi is directed to submit a report to this Court on or before 30.04.2007.
8. In view of the reasons stated above, the relief as claimed by the petitioner in the writ petition cannot be granted by this Court, however, our direction mentioned above would satisfy the petitioner. It is made clear that in the above mentioned proceedings, if the complaint regarding forgery is proved, it is open to the writ petitioner to take appropriate action against the persons concerned. With the above observation, the writ appeals and the writ petition are closed. No costs. Consequently, connected miscellaneous petitions are also closed.
Post all these matters on 04.06.2007, for reporting compliance.
kh To
1.The Collector Coimbatore District.
2.The Revenue Divisional Officer Tiruppur, Coimbatore District.
3.The Tahsildar Palladam Taluk Coimbatore District.
4.The Village Administrative Officer Mopperipalayam Village Palladam Taluk Coimbatore District.
5,The Sub-Registrar Sub-Registrar Office Annoor, Avanashi Taluk Coimbatore District.
6.The Superintendent of Police Coimbatore District.