M K ALAGIRI Vs. STATE; EXECUTIVE OFFICER,

JUDGEMENT

(1.) It is an attempt by the petitioner to nip the FIR in the bud itself and that is the reason why he has come before this Court for quashing the F.I.R within one week from the date of registration in Crime No.40 of 2014 under Section 468, 471,420, 120B of IPC.

(2.) The petitioner contents that he is the Founder Trustee of the Public Charitable Trust called M.K.Alagiri Educational Trust. It is alleged that the trust has been established for propagating and disseminating education among the various sections of the society. The Trust has purchased the land in Sivarakkottai for establishing Educational Institution measuring about 44 cents comprised in R.S.No.175/2013 in Sivarakkottai from one Mr.S.Sampathkumar through sale deed dated 10.1.2011. The land originally belonged to Ramasamy Pandaram and Veluchamy Pandaram. The said property was one of the several properties forming the subject matter of declaratory suit in O.S.No.711 of 1979 filed by Veluchamy Pandaram against his brother Ramasamy Pandaram before the District Munsif, Thirumangalam. The suit was decreed on 05.04.1983 and the same was upheld in A.S.No.208 of 1981 on 05.04.1983. Ramasamy Pandaram and Veluchamy Pandaram exchanged an extent of 44 cents comprised in R.S.No.175 of 2013 in lieu of one acre three cents comprised in R.S.No.1777/16 under a deed of Exchange dated 30.6.2008 registered as document No.6199 of 2008. Through very next document No.6220/2008 dated 30.6.2008, Aathilakshmi in turn sold 44 cents to Mr.Sampathkumar by a sale deed dated 2.2.2011.

(3.) The Trust purchased the aforesaid 44 cents from Sampathkumar and constructed an Engineering College in Sivarakottai with a larger extent of land located little away from the aforesaid 44 cents. The College got permission to admit students from the Hon ble Supreme Court by order dated 14.08.2014. The Hon ble Supreme Court by the very same order dated 14.08.2014 permitted the respondents in S.L.P. to examine the veracity of the objections stated in paragraph 4.9 of the order, refusing affiliation and to file a report before the Hon ble Supreme Court on 25.08.2014, in case of serious deficiency on the part of the College. Meanwhile the college started functioning. The respondents in SLP took further two weeks time to report before the Hon ble Supreme Court.