M V RAJEEAPPAN Vs. STATE

JUDGEMENT

(1.) This criminal original petition is filed by the petitioner herein for a direction to the first respondent herein to investigate the case and file a criminal case against the illegal purchasers, namely, M.A.Balamurali Krishna, B.Dhanalakshmi, Vinayagamoorthy and Gunasekaran under Section 3(V) of SC/ST Prevention of (Atrocities) Act, 1989 and 420 of I.P.C. for committing fraud to grab and dispossess the house site property.

(2.) Heard both sides. The learned counsel for the petitioner would submit that the petitioner has purchased a house site to an extent of 1034 Sq.ft. for a sale consideration of Rs.200/- on 28.1.1969 under a registered sale deed in document No.211 of 1969. The petitioner is in peaceful possession and enjoyment of the property right from the date of the purchase. Some of the residents in the petitioner's area have attempted to trespass the petitioner's land. Hence, he filed civil suits before the learned District Munsif Court, Poonamallee in O.S.No.371 of 1995 and O.S.No.408 of 2001 and obtained an order of ad interim injunction, pending disposal of the suits. The learned counsel further submitted that under the provisions of Scheduled Caste and Scheduled Tribes Prevention of (Atrocities) Act, 1989, whoever attempt to grab the property owned by a Scheduled Castes/Tribes are punishable. The petitioner approached the Police officials at Maduravoyal Police Station and presented a written complaint dated 16.4.2002 to safeguard his rights over the property and also presented a written complaint to the first respondent on 19.4.2002. The Police officials are hesitant to initiate action against the persons, whose names are given in the complaint. Hence, the petitioner had no other option except to file this petition for a direction to the first respondent to investigate the case and file a criminal case against them.

(3.) Considering the facts and circumstances of the case, a direction is issued to the first respondent to register the complaint dated 16.4.2002 and complete the investigation within a period of two months and proceed further in accordance with law. With the above direction, this petition is disposed of.