Madras High Court
S.Muruga Bharathi vs The Superintendent Of Police on 9 January, 2023
W.P.No.518 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
W.P.No.518 of 2023
S.Muruga Bharathi ... Petitioner
Vs.
1. The Superintendent of Police,
Economic Offences Wing,
SIDCO, Old Corporate Building, First Floor,
Garment Complex II,
Thiru-Vi-ka Industrial Estate, Guindy,
Chennai – 600 032.
2. The Inspector of Police,
Economic Offences Wing,
SIDCO, Old Corporate Building, First Floor,
Garment Complex II,
Thiru-Vi-Ka Industrial Estate, Guindy,
Chennai – 600 032.
3. Santhanakrishnan
4. S.Vatsala
5. S.Arun Subramanian ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India
pleased to issue a Writ of Mandamus directing the Respondents 1 & 2 to take
appropriate criminal action against respondents 3 to 5 for having dealt with the
properties being (A). the lands comprised in Survey Nos.591/1A and 591/1 of
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W.P.No.518 of 2023
Naranapuram village, Palladam Taluk, Tirupur District under (i) the Deed of
Lease dated 10.04.2012 registered as Document No.7510 of 2012 in the office
of the Sub-Registrar, Palladam and (ii) the Deed of Settlement dated
15.05.2019, registered as Document No.6233 of 2019 in the office of the Sub
Registrar, Palladam (B). lands of an extent of 8,400 square feet, comprised in
Survey No.152/1 Part and 152/2 Part of Injambakkam Village, situate in Anna
Enclave, Injambakkam, Chennai, under two Deeds of Sale (i) dated 16.07.2014
registered as Document No.5027 of 2014 and (ii) dated 14.12.2021 registered
as Document No.12206 of 2021 both in the office of the Sub-Registrar,
Neelankarai and also having dealt with the property of an extent of 8,555
square feet, comprised in Survey No.152/1 Part and 152/2 Part of Injambakkam
Village, situate in Anna Enclave, Injambakkam, Chennai under a Deed of
Settlement dated 28.01.2019 registered as Document No.595 of 2019 in the
office of the Sub-Registrar, Neelankarai.
For Petitioner : Mr.C.Nagarajan
For Mr.V.G.Suresh Kumar
For R1 & R2 : Mr.S.Santhosh,
Government Advocate (crl.side)
ORDER
This Writ Petition has been filed to direct the Respondents 1 & 2 to
take appropriate criminal action against respondents 3 to 5 for having dealt
with the properties being (A). the lands comprised in Survey Nos.591/1A and
591/1 of Naranapuram village, Palladam Taluk, Tirupur District under (i) the
Deed of Lease dated 10.04.2012 registered as Document No.7510 of 2012 in
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W.P.No.518 of 2023
the office of the Sub-Registrar, Palladam and (ii) the Deed of Settlement dated
15.05.2019, registered as Document No.6233 of 2019 in the office of the Sub
Registrar, Palladam (B). lands of an extent of 8,400 square feet, comprised in
Survey No.152/1 Part and 152/2 Part of Injambakkam Village, situate in Anna
Enclave, Injambakkam, Chennai, under two Deeds of Sale (i) dated 16.07.2014
registered as Document No.5027 of 2014 and (ii) dated 14.12.2021 registered
as Document No.12206 of 2021 both in the office of the Sub-Registrar,
Neelankarai and also having dealt with the property of an extent of 8,555
square feet, comprised in Survey No.152/1 Part and 152/2 Part of Injambakkam
Village, situate in Anna Enclave, Injambakkam, Chennai under a Deed of
Settlement dated 28.01.2019 registered as Document No.595 of 2019 in the
office of the Sub-Registrar, Neelankarai.
2. The learned counsel for the petitioner submitted that already fifty
properties had been attached as per the directions of the learned Chief Judge,
Court of Small Causes, Chennai passed in Crl.O.P.No.02 of 2003 dated
22.12.2004. The attachment is still in force. Pending attachment, respondents
(3 to 5) had created certain encumbrance over the properties as detailed in the
prayer. They are not entitled to create encumbrance over the properties when
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W.P.No.518 of 2023
attachment is in force. In this regard petitioner had given complaint to the 1 st
respondent on 24.08.2021 for taking action against R3 to R5. Since, no action
was taken, present petition is filed.
3. The learned Government Advocate (Crl. Side) submitted that on
the representation given by the petitioner, enquiry was conducted in C.No.252
of 2021 and it is pending for further investigation.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl. Side) for the respondents.
5. The Division Bench of this Court in G.Prabhakaran v. The
Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489 and the
Hon'ble Supreme Court in its latest judgment rendered by a three Judge Bench
in M.Subramaniam v. S.Janaki, reported in (2020) 5 CTC 464, after relying
upon Sakiri Vasu's Case, has categorically held that the High Court cannot
issue any direction for registration of FIR. High Court can intervene only in
extraordinary circumstances and rare cases. However, taking note of the fact
that the complaint is now pending and enquired, the Investigation officer is
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W.P.No.518 of 2023
directed to issue notice to the parties and conduct enquiry as directed by the
Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar
Pradesh and others [2014 (2) SCC (1)]. If any cognizable offence is made out,
the respondent police is bound to register the FIR otherwise they may close the
complaint. Such exercise shall be completed within a period of two weeks from
today.
6. With the above directions, this Writ Petition is disposed of.
09.01.2023
sma
To
1. The Superintendent of Police,
Economic Offences Wing,
SIDCO, Old Corporate Building, First Floor,
Garment Complex II,
Thiru-Vi-ka Industrial Estate, Guindy,
Chennai – 600 032.
2. The Inspector of Police,
Economic Offences Wing,
SIDCO, Old Corporate Building, First Floor,
Garment Complex II,
Thiru-Vi-Ka Industrial Estate, Guindy,
Chennai – 600 032.
3. The Public Prosecutor,
High Court of Madras.
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W.P.No.518 of 2023
G.CHANDRASEKHARAN,J.
Sma
W.P.No.518 of 2023
09.01.2023
https://www.mhc.tn.gov.in/judis
