The High Court directed the police to conduct an enquiry and complete the investigation into the petitioner's complaint regarding forged documents and illegal transfer of property within two months, before taking appropriate action.
Direction to complete investigation and take appropriate action within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD) No.2253 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2025
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
W.P.(MD)No.2253 of 2025
A. Sathyabama
... Petitioner
Vs
4. Alagan
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 2nd Respondent to consider petitioner's representation, dated 24.12.2024 and take necessary appropriate action as against the Respondents 3 and 4.
For Petitioner : Mr.S.Mahindra Pathy For Respondents : Mr.A.Thiruvadikumar (R1,R2) Additional Public Prosecutor
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W.P(MD) No.2253 of 2025
O R D E R
The prayer in this writ petition is to direct the 2nd Respondent to
consider the petitioner's representation, dated 24.12.2024 and take necessary appropriate action against the Respondents 3 and 4.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents Police. Perused the materials available on record.
3.It is the contention of the petitioner that the petitioner's father was employed in Southern Railway. His father had purchased a property in S.No.4/2 at Mathur Village, Kulathur Taluk, Pudukottai District. During the year 1991, his father passed away and his mother passed away on 26.11.2007. After that his two brothers viz., Rajgopal and Santhana Krishnan also passed away. The petitioner is in possession and enjoyment of the properties. On 24.11.2024, the petitioner took steps to fence the property. The 3rd respondent forged the legal heir certificate, as if, she is the only legal heir of his father and executed a sale deed in favour of the 4th respondent. Though the parental documents are in favour of the petitioner, the 2nd respondent failed to take action against the private respondents, based on her complaint, dated https://www.mhc.tn.gov.in/judis 2/5
W.P(MD) No.2253 of 2025
24.12.2024. Hence, this petition has been filed.
4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that in the complaint given by the petitioner on 24.12.2024, investigation has been done. The 3rd respondent was directed to appear for enquiry today (ie., 28.01.2025). During the enquiry, the specimen signature of the third respondent/Vasanthi and documents will be collected for verification. The petitioner's complaint will be enquired along with the contemporary documents, thereafter, appropriate action would be taken.
5.In view of the aforesaid submission, the 2nd respondent is directed to conduct enquiry based on the complaint of the petitioner, dated 24.12.2024, ensure the presence of the private respondents and complete the investigation within a period of two months from the date of receipt of copy of the order, thereafter, take appropriate action based on the final report.
28.01.2025
Index : Yes/No Internet : Yes PNM
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W.P(MD) No.2253 of 2025
To:
W.P(MD) No.2253 of 2025
M. NIRMAL KUMAR,J.,
PNM
W.P.(MD).No.2253 of 2025
28.01.2025
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1 issue framed by the court
Whether the police should investigate the complaint regarding forged legal heir certificate and illegal sale deed?
1 provisions across 1 enactments
A. Sathyabama
The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District
The Inspector of Police, District Crime Branch (Anti Land Grabbing Wing), Pattukottai District
Vasanthi
Alagan
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
