A.GUNASEKARAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This writ petition has been filed for direction to direct the first and second respondents to take action against the third respondent for misusing his police power in the civil dispute, in order to help the fourth respondent to take forcible possession to six shops and for fencing the property ad measuring 2104 Sq.ft. situated at New No.T.S.57/1, old Survey No.91/2, Tiruchengode Town, Namakkal District, and also to restore the petitioner's right to the property on the basis of representation his representation dated 22.08.2018, 10.09.2018 and 05.10.2018.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner and his wife purchased the property comprised in Survey No.57/1, situated at Tiruchengode Town, Namakkal District, by way of five sale deeds ad measuring 4843- 1/2 Sq.ft. Thereafter one Muthumanickam purchased a property to the extent of 2394 Sq.ft. by the sale deed dated 06.04.2018 and attempted to interfere with the right and possession of the property owned by the petitioner ad measuring 4843- 1/2 Sq.ft. He further submitted that the petitioner also purchased three lands in Survey Nos. TS.Nos.54,55 and 56 by a sale deed dated 03.02.2012. At the same time, the said Muthumanickam and the fourth respondent had allegedly purchased an extent of 4336 Sq.ft under the sale deed dated 20.02.2012, inclusive of the petitioner's land purchased by the sale deed dated 30.02.2012. Therefore, the petitioner filed a suit in O.S.No. 106 of 2017 on the file of the learned District Munsif Court, Tiruchengode as against the said Muthumanickam and fourth respondent herein for the relief of permanent injunction and also to declare that the sale deed dated 20.02.2012, purchased by the said Muthumanickam as null and void.

(3.) The learned Additional Public Prosecutor filed counter for the second respondent and submitted that the crime has been registered as against the petitioner and three others in Crime No.521 of 2018 for the offence under Sections 468 , 471 , 427 , 448 r/w 506(ii) of IPC . On investigation it was found that the petitioner with an intention to grab the disputed property prior to the lodging of complaints, in the year 2017 and 2018, he also filed four civil suites for the said property. As against the fourth respondent and one Muthumanickam and others, three civil suits are filed before the civil Courts and as against the respondents 2 to 4 herein, a suit in O.S.No.148 of 2018 has been filed and the same are pending. The petitioner with an ill intention to grab the property, fabricated documents by way of registering his the property comprised in TSLR No.57, 59, 60, 61 which is located on the wester side old bus stand road in favour of his wife name by changing TSLR.No. as 54, 55 & 56, which was located in the eastern side of the old bus stand road, Tiruchengode.