K A THIRUPATHI RAJA Vs. ASWIN KOTNIS

JUDGEMENT

(1.) Seeking a direction to respondents 1 and 2 to put the petitioner in possession of the property, namely, No. 365, Salem to Cuddalore Main Road, Ranipettai, Athur, Salem District, the petitioner has come up with the present petition. Brief facts of the petitioner, which are germane for disposal of the petition, are as under 5th respondent herein, viz., N. Somasundaram, originally filed Crl. O.P. No. 19557 of 2012 before this Court citing (i) Superintendent of Police, Salem District and (ii) Inspector of Police, District Crime Branch, Anti-Land grabbing Cell, Salem, as respondents for a direction to provide police protection to him and his family members' lives and properties alleging that, he is residing at No. 347, Vellalar Street, K. Seehampatti Village, Pudupatti Post, Kulithalai Taluk, Karur District; in the family arrangement, his mother got property measuring about 1386 sq. ft. and patta was also granted in her favour in Patta No. 1257, situated in S. No. 510/3 near Athur Bus Stand, Salem District; later, his mother had given a part of the property measuring to en extent of 462 sq. ft. through a gift deed, registered as Document No. 232 of 2004 on the file of S.R.O., Athur; since then, the 5th respondent is in possession and enjoyment of the said property; the nearby properties were owned by other shareholders and they have sold some of their shares in the property to one K.T. Rajam, wife of the petitioner in this original petition; It is the allegation of the 5th respondent that the said K.T. Rajam, wife of petitioner, illegally occupied and attempted to grab the property belongs to him by using forged document; the said persons had not only tried to grab the 5th respondent's property which he has got through a gift deed from his mother but also attempted to grab the remaining property, which is solely owned by the 5th respondent's mother; hence, the 5th respondent lodged a complaint before the Superintendent of Police, Salem, which was subsequently transferred to Inspector of Police, District Crime Branch, Anti-Land Grabbing Cell, Salem and a case has been registered against Thirupathi Raja, (petitioner herein), his wife and his son in Crime No. 16/12 for the offence punishable under Sections 468, 471, 420 and 506(i) IPC; in the meantime, 5th respondent's mother executed another settlement deed in his favour in respect of the remaining property vide registered Document No. 1669/12 dated 30.03.2012 before the office of the Sub-Registrar of Athur and thus, the 5th respondent became the absolute owner of the property measuring to an extent of 1386 sq.ft.; while so, the petitioner herein and his wife, who had purchased the adjacent property from the relatives of the 5th respondent, had started construction of building by encroaching the 5th respondent's property; when this was questioned, the 5th respondent was threatened with dire consequences; hence, the 5th respondent had approached this Court by filing Crl. O.P. No. 19577 of 2012.

(2.) In the said petition, this Court has passed the following order on 28.09.2012:

(3.) Now, it is the case of the petitioner that the official respondents in the present petition, namely,