AI Structured Summary
Not yet generated for this judgment
Judgment
M. Sathyanarayanan, J.—By consent, this Criminal Original Petition is taken up for final disposal.
The petitioner claims that he is temporarily residing at Velachery, Chennai and the properties comprised in S.Nos. 508A and 528/3, admeasuring 10 ½ cents were originally purchased by his sister, namely, Thillainayagammal, by means of two separate sale deeds bearing Doc.Nos. 1158/1946 and 1470/1946 respectively and she was in possession and enjoyment of the same till her demise. She died issueless and her husband predeceased her.
The petitioner would further state that by virtue of the succession, the above said properties were inherited by the petitioner and his brother, namely, Natarajan and they are in possession and enjoyment of the same and while keeping the Registry under UDR Scheme, the lands admeasuring to an extent of 6 ½ cents owned by the petitioner in the above said lands, have been wrongly included with the other properties belong to one Perumal Chettiyar and taking advantage of the same, he managed to get patta also.
In this regard, the petitioner and his brother had filed O.S.No. 247 of 1989 on the file of the Sub Court, Srivilliputtur, to declare their right, title, possession in respect of the above said properties and also prayed for permanent injunction or in the alternate, for recovery of possession. The suit, after contest, was dismissed and aggrieved over the same, they filed an appeal in A.S.No. 423 of 1995 on the file of this Court and the judgment and decree passed by the trial Court were set aside and the appeal was allowed on 31.10.2011 and it has become final.
The petitioner, in this regard, has also approached the revenue officials attached with Rajapalayam Taluk Office by remitting requisite fee for demarcation of proper boundaries and to take action against the officials who has wrongly made mutation without putting the petitioner and his brother on notice.
The petitioner has lodged a complaint and since no action has been taken, he filed the present petition, seeking a direction for registration of the case and investigation of the same by the fourth respondent.
The learned Counsel for the petitioner would submit that the petitioner is constrained to approach this Court because of the inaction of the fourth respondent and would further add that the petitioner also filed W.P.(MD)No. 19633 of 2014 against the District Revenue Officer, Virudhunagar District, the Revenue Divisional Officer, Sivakasi Sub-Division, Sivakasi and the Tahsildar, Rajapalayam Taluk, Virudhunagar District, to issue a writ of Certiorarified Mandamus to call for the records of the third respondent therein, viz., Taluk Office Petition/RTR.5291/13, dated 06.02.2014 and quash the same as illegal and unconstitutional and consequently, direct the third respondent therein to measure the properties in S.Nos. 508A and 528/3, admeasuring 10 ½ cents situated at Samusigapuram, Rajapalayam Taluk and issue separate patta in his name. The said writ petition was disposed of on 04.12.2014, directing the third respondent to take into account the judgment and decree in A.S.No. 423 of 1995 passed by this Court and other documents to be submitted by the petitioner and take further steps to do the needful within four weeks from the date of receipt of a copy of the order, by giving due opportunity to the petitioner and others concerned if any, by adhering to the principles of natural justice.
Today, the learned Government Advocate (Criminal Side) for the respondents, on instructions, produced the closure report of the Inspector of Police, Rajapalayam South Police Station, dated 17.10.2014, stating among other things that the concerned persons were summoned and they gave undertaking that they will not encroach upon the lands belonging to the petitioner and they did not have any objection to survey the lands with the help of the Surveyor and also undertake to serve the copy of the closure report along with the copy of the statements of witnesses, to the petitioner.
In this result, this Criminal Original Petition is disposed of and the petitioner is at liberty to work out his further remedy in the light of the judgment and decree in A.S.No. 423 of 1995, dated 31.10.2011, passed by this Court and the fourth respondent is also directed to furnish the closure report dated 17.10.2014, along with the copy of statements of witnesses, to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.