Albert @ Selvaraj v. Superintendent of Police, Dindigul District`
2014-09-05
N.KIRUBAKARAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner contends that the Government acquired certain lands for allotment to the landless Harijans. The petitioner approached the Revenue authority namely, the Tahsildar, for allotment of the land. However, one Kani Kumar who is holding the post of the Director of Tamil Nadu Mill Producers Co-operative Societies, is said to be the person who is allotting the lands. The said Kani Kumar demanded an initial sum of Rs.10,000/- and the same was paid for allotment of the house site. Thereafter, neither the said Kanikumar obtained the house site nor returned the money. When he demanded for the patta or the money back, the said Kanikumar abused the petitioner and threatened him with consequences with henchmen on 21.07.2014, by illegally trespassing into the petitioner's house. Hence, the petitioner gave a complaint on 22.07.2014. Thereafter also, the proposed accused attacked the petitioner and his wife. In view of the second attack, the petitioner gave a detailed complaint on 14.08.2014, to the second respondent. However, the second respondent did not give any receipt. Like the petitioner, many persons were cheated regarding the allotment of the lands by the said Kanikumar, for convenience of the revenue officials. Since, the petitioner's complaint was not registered, the petitioner is before this Court. 2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents. 3. The learned Counsel appearing for the petitioner referred to the intimation letter of the Tahsildar, dated 11.03.2014 and the proceedings dated 25.04.2014 wherein, the Special Tahsildar, Nilakottai, has observed as notice as follows: “TAMIL” 4. From the above, it is clear that cognizable offence is made out against the proposed accused and the petitioner's contention has to be looked into. 5. Though the learned Government Advocate would submit that initially, the case is pending, in view of that, the Tahsildar's report and the statements made in the complaint, which makes out a cognizable offence, it is appropriate to direct the second respondent to register the complaint against the proposed accused and take appropriate action including arrest of the accused. 6. With the above direction, the Criminal Original Petition is disposed of.