D. SENTHILNATHAN Vs. INSPECTOR OF POLICE, COIMBATORE

JUDGEMENT

(1.) This Writ petition has been filed seeking a direction to the 1st respondent to file a final report in Crime No. 24 of 2023 and also sought for direction directing the 2nd respondent to record the Document No. 13245/2023 dtd. 22/9/2025 as fraudulent one and breach of records of the registration.

(2.) The petitioner is the absolute owner of the property measuring an extent of 1.52 acres/ 32 percent of undivided share in the land, comprised in Survey Nos. 460/1A, 460/Aab1, 460/1C, 459/1a, 459/2B1 and 459/3A at Karegoundampalayam village, Annur Taluk. It is stated in the affidavit that the petitioner handed over the title document of the above said land to his friend one Venkatesh for financial assistance. Further, he also assured that he will return the document within a period of three months. Believing his words, the petitioner handed over the original document to him. However, the said Venkatesh failed to return the original document and as such, the petitioner lodged a complaint. He also verified the encumbrance certificate of the property and it came to light that there was a fraudulent transaction committed by the said Venkatesh with reference to the petitioner's property by impersonating his identity with malafide intention to grab the property executed sale deed dtd. 30/9/2023 in favour of third party vide Document No.13245/2023. Thereafter, the petitioner submitted a representation before the 2nd respondent on 30/12/2024 to declare the said document as a fraudulent one. Meanwhile, the petitioner also lodged a complaint and the same has been registered in Crime No.24/2023 on the file of 1st respondent for the offences under Ss. 419, 420, 465, 468, 471 and 120B of IPC as against the accused persons. The petitioner also filed a petition before this Court in Crl.O.P.No.14963 of 2024 seeking direction for transfer of investigation in Crime No.24/2023 from District Crime Branch to CBCID. Since the 1st respondent did not complete the investigation and file any final report, this Court by order dtd. 7/8/2024 directed the first respondent to complete the investigation and file a final report within a period of 30 days from the date of receipt of copy of that order. However, so far, the first respondent did not file any final report before the concerned Court.

(3.) Further, the second respondent, on receipt of the representation submitted by the petitioner, did not take any steps to declare that the sale deed registered vide document No.13245/2023 dtd. 30/9/2023 as a fraudulent one, instead by communication dtd. 18/3/2025, the second respondent informed the petitioner that the provision under Sec. 77-A of the Registration Act has been declared as unconstitutional and as such the second respondent has no power to cancel the fraudulent document and also will not able to record the said document as a fraudulent one.