KALAVATHY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition has been filed to transfer the FIR pending in Crime No.485 of 2019 dtd. 9/9/2019 from the file of the Second Respondent Police to the third Respondent for investigation.

(2.) The gist of the case is that the petitioner/defacto complainant, wife of the deceased Soundararaj, lodged a complaint on 9/9/2019. Her husband, a retired Economic Professor Pachaiyappan College was having an ancestral property at Pazhraveli Village, Chengalpattu District, a part of property is situated near Pazhraveli Bypass. The petitioner's husband used to visit the above said property regularly. On 3/9/2019, petitioner's husband visited the property at Chengalpattu. On 6/9/2019, a quarrel arose between him and the neighbouring land owners of the property. On the next day, the dispute became aggressive and the petitioner's husband informed his son Singaravelu about the same. On 8/9/2019, when he was contacted he failed to respond. On 9/9/2019, the Taluk Police Chengalpet received information that a male body was floating in their Well. Thereafter, the petitioner went to the Chengalpattu Hospital, identified the body of her husband and hence, the complaint. The respondent Police registered a case in Crime No.485 of 2019, under Sec. 174 of Cr.P.C., but they failed to take any proper action to find out the reason for the death of her husband.

(3.) The grievance of the petitioner is that her husband is having an ancestral property at Pazhraveli Village, her husband regularly visited the property, a portion of the property was sold to the SCAD School and they are having dispute over the boundaries of the property. When the petitioner's husband put up a fence, the same was opposed by one Rehman, who is the Administrative Officer of the School. The said Rehman came their along with one Abel, a former Panchayat President, and attempted to stop the work. Earlier to it, one Elangovan, proprietor of Vaigai Hotel, let out the drainage water in the petitioner's land, which was later resolved. Since the adjacent land owners, viz., Elagovan, Abel, Rehman, Puniyakooti and Manogaran, encroached the petitioner's land, there was no cordiality between them and her husband. Further, these persons were supporting the SCAD School management, forcing the petitioner's husband to withdraw his claim over the property. The Village Administrative Officer and the Revenue Inspector also supported the School. The petitioner's son went to Chengalpet, questioned the SCAD School Management and others. Subsequently, she was unable to contact her husband and finally she was informed that her husband drowned in the Well. The petitioner's husband had no reason to commit suicide or get slipped into the Well. Further, the said Well is in their field for decades, which has steps, regularly used by her husband and there is no reason that her husband could have slipped in to the Well and got drowned. Added to it, the Well had water of only 3 to 4 feet, her husband is more than 5.5 feet tall, and noway he would have drowned in case of accidental slip. Further, some of the people in the Village wanted to develop the property by laying plots, on their own terms and conditions, which was not agreeable to the Petitioner's husband. He resisted the same, since the lands were abutting the main road, the property value got appreciated may fold, the local Chieftain and realtors were eyeing over the property.