A C SHANMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioners seek to quash the complaint in Cr.No,3163/2005, on the file of the Respondent Police and the FIR pending before the learned Judicial Magistrate, Poonamallee. THE 1st petitioner is the Chancellor of the Dr. MGR Educational and Research Institute (Deemed University) at Maduravoyal, Chennai-95 and the 2nd petitioner is his wife, the 3rd petitioner is his son and the 4th Petitioner is her brother-in-law.

(2.) TMT. Kannammal Educational Trust runs four Educational Institutions, viz. (1) Dr. MGR. Engineering College, (2) Thai Moogambigai Dental College, (3) Thai Moogambigai Polytechnic and (4) a School at Muduravoyal Taluk, Tiruvallur District. During December 2005, due to heavy and unprecedented rain on 3.12.2005, the water levels in the Aeri Poramboke, river Poramboke, irrigation tanks increased, as a result of which, the water level in the Coovum River was also raised. The 1st Petitioner had constructed the superstructure of the college run by him not only in the patta land, but also encroached upon the Poramboke lands comprised in S.Nos.432/2, 435/1, 436, 442, classified as odai Poramboke, Aeri Uzhvoil, River Poramboke, Kulam Tank Poramboke in the Mogappair Village and due to which, the water could not flow freely in the Coovum River and consequently on 3.12.2005 at 11.00 p.m the coovum water entered into the College premises and raised upto 10 feet and inundated the entire Ground floor of the college premises. On information given by some of the hostel students at 12.00 in the mid night to the Collector, Tiruvallur District, the personnel attached to the Fire Service Department, the Police Personnel, the Executive Officer of the Maduravoyal Municipality and the Revenue Official rushed to the spot and undertook rescue operations and thus shifted about 850 students to safer places.

(3.) THE CD File relating to Cr.No,3163/2005 was produced by the learned Public Prosecutor and the same was perused. It appears that the Sub Inspector of Police attached to T4, Maduravoyal Police Station had conducted the preliminary investigation and examined eight witnesses. THE first witness is the Village Administrative Officer, who lodged the complaint, has reiterated the facts found in the complaint, the witnesses 2 to 4 are the residents of the neighbourhood area, who speak about the constructions put up by the said Educational Institution in the Aeri Poramboke, thus preventing free flow of water and inundating the entire college premises and the neighbourhood areas and witness 5 is a Police Constable attached the Armed Reserve Police, who is said to have rescued the students from the flooded college premises with the help of fire service personnel, revenue officials. He would further state that due to the heavy rain, one of the wall collapsed in the premises and he got injured, for which he had taken treatment in the hospital. THE witness 6 is a Trainee Sub Inspector and the witness 7, who is another armed reserve Police, spoke in terms of the statement given by the witness 5. Witness 8 is the Sub Inspector of Police, who led the team to the spot and undertook rescue operations. THE statements of those witnesses appears to have been recorded on 9.12.2005. THE Sub Inspector of Police attached to the T4 Maduravoyal Police Station had completed the preliminary investigation and placed it before the Inspector of Police for his perusal.