V.JAYARAJ Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This criminal original petition has been filed to set aside the order passed by the learned Judicial Magistrate, Muthukulathur dtd. 31/8/2017 in Cr.M.P No. 3954 of 2017 and to direct the 1st respondent to register the First Information Report based on the complaint.

(2.) The contention of the counsel for the petitioner is that on 9/7/2012, the petitioner purchased a property to an extent 55 + cents out of 96 cents bearing Survey No.282/1B from one Veerasankili. Further, on the very same day, the said Veerasankili sold the remaining property to an extent of 41 + cents bearing Survey No.282/1B to one Beepai J.John, S/o. Joseph Jaharia. Further, since there was no access to the property of the petitioner, the petitioner entrusted a sum of Rs.15,000.00 to the said Beepai J.John, S/o. Joseph Jaharia and obtained a consent deed dtd. 9/6/2012 from him to the property to an extent of 10 feet as pathway of the petitioners property in the southern side of the property of said Beepai J.John, S/o. Joseph Jaharia. Accordingly, the petitioner started to use the said pathway and drawn an electric line to his house by erecting electric poles in the said pathway. In the meanwhile, the said Beepai J.John, S/o. Joseph Jaharia has executed a sale deed in favour of one Parvathi, W/o. Jayabalan in respect of the property including pathway with an intention to deceive the petitioner. Apart from that on 13/7/2017, the said Parvathi along with her husband trespassed into the property of the petitioner and damaged the fencing worth about a sum of Rs.40,000.00.

(3.) The further contention of the petitioner is that in pursuant to the act of the said proposed accused, the petitioner lodged a complaint before the 1st respondent and obtained CSR No. 204/2017 dtd. 18/8/2017, but the first respondent has not taken any legal action against the proposed accused. Hence, the petitioner sent a complaint to the Superintendent and Deputy Superintendent of Police, Ramanathapuram on 25/7/2017 and thereafter, he filed a petition before the learned Judicial Magistrate, Mudhukulathur in Crl.M.P No. 3954 of 2017 for registration of First Information Report.