M.Rema Menon vs P.K.Ramesan
2021 Latest Caselaw 6709 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                    Crl.MC.No.4195 OF 2015(G)

     IN CC 970/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
                       ANGAMALY(TEMPORARY)

   CRIME NO.371/2012 OF NEDUMBASSERY POLICE STATION, ERNAKULAM


PETITIONER/ACCUSED No.2:

             M.REMA MENON, ADVOCATE,
             AGED 46 YEARS, W/o SREEKUMAR,
             KALAPPATTIL HOUSE, KANJOOR KARA,
             VADAKKUMBHAGOM VILLAGE,
             ALUVA TALUK, ERNAKULAM DISTRICT.

             BY ADVS.SRI.ANIL K.MOHAMMED
                     SRI.V.S.MANSOOR

RESPONDENT/COMPLAINANT & STATE:

      1      P.K.RAMESAN,
             S/o BHANUMATHI AMMA,
             PULPRAKUTTIKKATTU HOSUE,
             SREEMOOLANAGARAM KARA,
             CHOWARA VILAGE, ALUVA TALUK,
             ERNAKULAM DISTRICT-683532.

      2      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.

             R1 BY ADVS. SRI.B.JAYASANKAR
                         SRI.S.RADHAKRISHNAN
                         SHRI.S.RAJMOHAN
             R2 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH



     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
25.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4195 of 2015                2




                                  ORDER

It is in connection with production of a basic tax

receipt and mutation effected in the name of brother of

accused No.2, who had purchased some immovable

property. The defacto complainant thereon came up with

a claim of fractional interest over the property and

instituted a suit against the brother of accused No.2,

wherein the accused No.2 entered appearance and

produced a tax receipt showing mutation based on the

sale deed. Accused No.2 is an Advocate by profession.

The defacto complainant lodged a complaint which was

referred under Section 156(3) Cr.P.C. After

investigation, a referred charge was submitted, against

which a second complaint (protest complaint) was

lodged, over which the learned Magistrate took

cognizance for the offence under Sections 166, 167,

193, 196, 197, 198, 199, 200, 465, 466, 471 and 120B

IPC, without satisfying the ingredients which would

satisfy the said offences. It is based on the sale

deed, the property was mutated in the name of brother

of accused No.2. Accused No.2 was acting as an Advocate

and took engagement. The mutation effected based on

the deed of conveyance will not attract any of the

abovesaid offences. At the most, it may be a mistake

on the part of Village Officer, who mutated the

property based on the sale deed. The claim of defacto

complainant that he has got a share over the property

has to be adjudicated by a civil court. The mutation

or issuance of tax receipt will not confer any title.

As such, the protest complaint is really an abuse of

process of the court and is liable to be quashed as

against accused No.2. I do so.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A TRUE PHOTOCOPY OF TITLE DEED DATED 20.11.2007.

ANNEXURE B PHOTOCOPY OF TAX RECEIPT DATED 28.1.2008.

ANNEXURE C PHOTOCOPY OF POSSESSION CERTIFICATE DATED 21.6.2008.

ANNEXURE D PHOTOCOPY OF TAX RECEIPT DATED 25.7.2011.

ANNEXURE E PHOTOCOPY OF DEPOSITION OF DW4 IN O.S.NO.113/2009 OF MUNSIFF COURT, ALUVA.

ANNEXURE F PHOTOCOPY OF JUDGMENT DATED 23.12.2011 IN OS NO.113/2009 OF MUNSIFF COURT, ALUVA.

ANNEXURE G PHOTOCOPY OF COMPLAINT DATED 9.3.2012 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE-II, ALUVA.

ANNEXURE H PHOTOCOPY OF REFER REPORT IN CRIME NO.371/2012 OF NEDUMBASSERY POLICE STATION.

ANNEXURE I CERTIFIED COPY OF COMPLAINT IN C.C.NO.

970/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY.

ANNEXURE J A PHOTOCOPY OF AFFIDAVIT AND PETITION FILED IN A.S.NO.44/2012 OF ADDL: DISTRICT COURT, N.PARAVUR.

RESPONDENTS' ANNEXURE:      NIL


                                              // TRUE COPY     //


                                               P.A. TO JUDGE