P RAJENDRAN Vs. STATE

JUDGEMENT

(1.) The petition is to quash the FIR registered against the petitioner P.Rajendran, former Thasildar at Thiruvembur Taluk, Trichy District, under Sections 167, 465, 467, 471 of I.P.C. and Section 13 (1)(C) r/w 13(2) of P.C.Act, 1988 in Crime No.7 of 2014 on the file of the Deputy Superintendent of Police, Vigilance and Anti Corruption, Trichy.

(2.) The contention of the petitioner is that P.Rajendran, while exercising his quasi-judicial functions, has mutated the revenue record in favour of the legal heirs of Meenakshi Ammal, who is the original owner of the property bearing Survey No.729/1A, Patta No.1888, situated at Suriyoor Village. However, based on the complaint given by one Palanisamy and pursuant to the direction of the Hon'ble High Court, case has been numbered by the Department of Vigilance and Anti Corruption against six persons for the alleged offences of foisting record, forgery, misconduct of the public servant and using the forged document as genuine. The further contention of the petitioner herein is that he, as a Thasildhar, is a judge and he is protected under the Judges (Protection) Act. He has exercised quasi- judicial function by including the name of Vijaya Kumar and Ganga Devi along with the other co-owners in respect of the property bearing Survey No.729/1A by issuing a joint patta. While exercising his quasi-judicial functions, if at all there is any error in the order of issuing joint patta, the remedy available to the de facto complainant is to prefer an appeal against the order and there cannot be any criminal prosecution against the petitioner.

(3.) It is also contented by the learned counsel for the petitioner that it is only a civil dispute between the legal heirs of Subbiah and Meenakshi Ammal and a color of criminality has been given due to mala fide.