LAWS(MAD)-2021-3-340

P. SUNDARAMURTHY Vs. INSPECTOR OF POLICE

Decided On March 26, 2021
P. SUNDARAMURTHY Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to transfer the case in Ref No.780/DC.CCB-II/PE/2016, for investigation, from the file of the Inspector of Police, Anti Land Grabbing Cell, Central Crime Branch, 18 th Team, Chennai 600 007, to the file of the 2nd respondent, the CB-CID, Chennai or to any other Investigating Agency.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner was employed as Senior Lecturer in Central Polytechnic College, Taramani, Chennai. On 20.08.1990, he was allotted one MIG Twin House, bearing Door No.4/690 in Mogappair Division and the petitioner paid a sum of Rs.1,01,000/- towards the cost of the said house. Subsequently, on 02.02.2001, he entered into an agreement for sale with one Sathhish for a sale consideration of Rs.5,00,000/- and delivered possession of the said house and the witnesses are one P.Pachaiappan and K.Kamaraj. On 30.05.2001, the petitioner requested the Tamil Nadu Housing Board to execute the sale deed in his favour and the petitioner received a reply from the TNHB asking certain documents, including Encumbrance Certificate. When the petitioner applied for Encumbrance Certificate, he came to know that TNHB already executed a sale deed on 25.05.2005 in favour of one K.P.Sundaramurthy, (petitioner's name) registered as Document No.2636/2005, in the Office of the Sub Registrar, Konnur.

(3.) It is his further submission that the petitioner never called by the TNHB to get the sale deed registered in his favour and someone has impersonated, forged his signatures and received the original title deed for the said house. Further, the petitioner came to know that the witness Kamaraj, with the help of forged power of attorney sold the above said premises to one Gajapathy. Hence, the petitioner, on 11.05.2016, lodged a complaint before the Inspector of Police, Crime branch, Chennai under Ref.No.2193/CCB/Visitors/2016, which was referred to the Inspector of Police, Anti Land Grabbing, Central Crime Branch, Chennai, who in turn, on 14.12.2016 sent a letter to the petitioner, stating that the documents required for investigation were not produced either by TNHB or the petitioner and hence, they are not in a position to investigate further and asked petitioner to file a fresh complaint with necessary documents for necessary action. Hence, the learned counsel for the petitioner submitted that the 1st respondent did not investigate the case in proper manner. Therefore, change of investigation is necessary in this case.