VEERAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the petitioner seeking intervention of this Court to give direction to the 1st respondent under Section 482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioner is in possession of 25 cents of land in resurvey No. 462/17 of Vadakkethara village in Thalappilly taluk, Thrissur district. There were 62 yielding rubber trees in the said land. The said land was in occupation of the petitioner as per the proceedings of the District Collector bearing No. 12458/76. The petitioner has filed a writ petition and obtained favourable orders and the matter is pending before the government in connection with the formal assignment of the land. On 30.3.2014 respondents 2 to 4 trespassed into the property of the petitioner and cut the rubber trees and the 3rd respondent took away the wooden logs in a mini lorry bearing No. KL.48 C 1596. On account of the theft of the rubber trees by the respondents, the petitioner suffered a loss of Rs. One lakh. Immediately the petitioner filed Annexure A1 complaint before the 1st respondent for taking criminal action against the theft and for registering a case. But the 1st respondent neither registered any case nor did he give the receipt for the complaint. Again a request was made to register the complaint by sending Annexure-A2 reminder. In spite of that no action was taken. So the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) Considering the nature of relief claimed in the petition, this court felt that a statement can be called for regarding the allegations made and the first respondent has filed a statement which reads as follows: