MEMORANDUM OF WRIT PETITION

IN THE HON’BLE HIGH COURT OF JUDICATURE, MADRAS AT CHENNAI

in

W.P.No: /2015.

1) Er.P.Chandira,M.E,(M.B.A)(B.G.L),

W/o R.Thangavel,E-77, Anna Road, Block-27,

Neyveli-607803, Cuddalore District

2)P.P.Pattappan, Aged 75 years,

S/o Late Perumal Mudhaliar,

98, Naduppalayam, Chittode-638102,

Erode District. -----Petitioner/Petitioner.

Verses

1) DSP,Anti-Land Grabbing, Erode District.

2)Thiru.Vivekandan,Former Inspector of Police,

Kavindapadi.

3) The Principle District Munisiff,Bhavani.

4) The Judicial Magistrate Court,Bhavani.

5) The Registrar (Criminal&Civil),High Court,Chennai.

6)P.Kolandavel,S/o Late Perumal Mudhaliar,

35, AnnamarKovil St,Salangapalayam,Erode.---Respondent/Respondent

AFFIDAVIT FILED BY THE PETITIONERS

1. I,P.Chandira,W/o R.Thangavel,E-77,Anna Road, Blok-

27,Neyveli-3 is working as an Assistant Engineer, Highways,

Panruti,Cuddalore District is the first petitioner herein and the daughter

and registered power of Attorney of the second petitioner is sincerely

and solemnly submit as follows:

2) The Late Perumal has four sons namely 1)P.P.Pattappan,

98,Naduppalayam,Chittode-638102.)P.Chinnapattappan, V.O.C.Street,

P.Mettuppalayam,Erode District 3)P.Ramasamy,Kamarajar Street,

P.Mettuppalayam,Erode District.4)P.Kolandavel,35,Annamar Kovil St,

Salangapalayam,Erode Dt.The Late Perumal wife is Srirangayyammal

expired on 31.12.98 at P.Mettuppalayam and Perumal expired on

25.10.99 at Chittode in his first son P.P.Pattappan’s house.

3) Perumal received jewels from Thirumathi.Pavunayyammal

Pattappan and sold it and purchased the property in his name instead of

his first son Thiru.P.P.Pattappan.The properties are in Salangapalayam

and in Perundalaiyur.Late Perumal Mudhaliar cheated

Mrs.Pavunayyammal and purchased the properties and made joint

property.Thiru.P.P.Pattappan has two sons 1) P.Selvaraj aged about 51

years 2)P.Kandasamy aged about 49 years and has only one daughter is

Mrs.P.Chandira

4) Thiru.P.Chinnapattappan has four sons 1)C.Duraisamy

aged about 49 years and he is residing at Vellore with his family

members 2) C.Ganesan aged about 46 years and he is residing with his

family members at Kavindapadi.3) C.Shanmugaham aged about 45

years and he is residing with his family members at KavindapadiPudhur.

4) C.Subramanian ,aged 44 date of birth 20.06.1971 about years and he

is residing at 155A,Main Road,Kavindapadi with his family members

and he has only daughter Mrs.Deivamani is residing with her family

members at Anthiyur.

5) Thiru.Ramasamy,has two sons 1)R.Madheswaran aged

about 44 years,25.07.1969 and he is residing at P.Mettuppalayam with

his family members 2)R.Sunder aged about 40 years and he is residing at

Coimbatore with his family members.

6) P.Kolandavel has only one sons1)K.Prakash aged about

32 years and he is residing at Salangapalayam with his father and his

mother Mrs.Poomayal and his wife K.Saroja who is the daughter of

Thiru.Gopalan,Kanakkampalayam. P.Kolandavel has two daughters 1)

K.Selvi residing with her family members at Senthampalayam is aged

about 38 years and 2) K.Sarojini aged about 35 years residing with her

family members at Koodakarai. P.Kolandavel filed Caveat Petition

under Section 148A of CPC before the Court of the Subordinate

Judge,Bhavani on 19.07.2012 at Bhavani through his advocate

N.Kodeeswaran, Advocate,Bhavani against P.P.Pattappan.

7) P.Kolandavel filed an Original false Suit before the Erode

District Vacation Court against P.Kolandavel and which is transferred

before the Principle District Munisiff Court,Bhavani in O.S.No:147/13

with illegal document,forgery will by suppressing the vital facts

happened in Anti-Land Crabbing office,Erode District and the incidents

happended in Kavindapadi Police Station on 28.04.2012 and

06.05.2012.The incidents is more than sufficient to prove the false suit

filed by the first accused against P.Kolandavel.The first accused want to

grab my parents property.

8) The first petitioner submitted a compliant in person on

06.09.2013 to the Inspector of Police,Kavindapadi with several

documents.The Sub-Inspector of Police,Kavindapadi refused to receive

the compliant and documents.Hence the first petitioner submitted a

complaint by speed post from Kavindapadi Post office on 06.09.13.The

Inspector of Police,Kavindapadi without getting all the document from

the first petitioner petitioner and without conducting enquiry sent a letter

to the Government Pleader,Erode District on 18.09.2013 with Registered

General Power of Attorney,the O.S.No:147/2013, I.A.No:557/2013,

17.05.99 Partition deed and forgery will dated:02.06.1999.The

Government pleader sent a report dated:11.10.13 which is illegal.The

petitioner submitted a letter to give legal opinion after considering the all

the documents.The Government pleader failed to give reply to the

petitioner.

9) The petitioner submitted a compliant with eighty pages of

documents to the District Crime branch, Erode on 23.10.2013. As there

is no requiry started from the District Crime branch as per the SMS

message from SP,Erode District submitted a compliant to the Inspector

of Police,Bhavani.The sub-Inspector of Police,Bhavani issued

CSRNo:477/13 and has enquired D.R.Purushothamman on 25.11.2013.

The first petitioner has noted the statement given by

D.R.Purushothamman. Subsequently in order to find out the person who

signed her grand father’s signature.The first petitioner have doubted

about Thiru.Subramanian in the case.He is a criminal and his signature

has to be verified.

10) Hence the first petitioner submitted a criminal compliant before

the Judicial Magistrate Court,Bhavani directed the Inspector of

Police,Bhavani to register the case against 1)P.Kolandavel who

submitted forgery will before the Erode District Court on 07.05.1999

and second petitioner received the forgery will through court on

23.09.2013 2) Thiru.Murugan,one of the witness in the forgery will 3)

Thiru.Goplan, one of the another witness in the forgery will 4)

Thiru.D.R.Purushothamman,the writer of the forgery will accepted his

offence in presence of the Sub-Inspector of Police,Bhavani in

CSRNo:477/13 on 25.11.2013.

11) The Order by the Judicial Magistrate Court,Bhavani on

28.11.2013 as follows:Petitioner Present.She states that there is a forgery

in execution of “will deed”and that she has prayed for registering

FIR,Hence the Inspector of Police,Bhavani is directed to enquire and

proceed further and submit report.Even though the Judicial Magistrate

Court directed the Inspector of Police,Bhavani to enquire and submit

report.He has not conducted enquiry in accordance with the Principles of

Natural Justice.Instead he got the statement from Purushothamman

contrary to the statement in presence of the petitioner.The sub-Inspector

of Police,Bhvani has enquired 1)first accused 2) second accused and

third accused on 29.11.2013.The Inspector of Police,Bhavani and the

Sub-Inspector Police,Bhavani is supporting the accused and threatening

the approver.Hence the both the police department officials are included

as accused in the above criminal compliant.

12) The Order by the Judicial Magistrate Court,Bhavani on

05.12.2013 without the knowledge of the first petitioner as follows and

the Judicial Magistrate Court adjourned the case to 18.12.2013 with the

additional documents:

Report submitted which transparent that a civil case is

pending regarding the genuineness of will,before the Principle District

Munisiff,Bhavani in O.S.No:147/2013 and that there is no necessity the

register FIR regarding the execution of will.Hence petition filed by the

petitioner is dismissed.The Inspector of Police,Bhavani has not

conducted enquiry in accordance with the “Principles of Natural

Justice.”The criminal investigation is necessary to find out the person

who signed first petitioner’s grand father’s signature.The Hon’ble Court

may please note that civil suit is false.The civil suit is nothing but

temporay and permant injunction Suit.The second Petitioner is entitled

to file temporary and permanent injunction Suit.P.Kolandavel has no

right to file suit against P.P.Pattappan’s property.

13. The first petitioner knows the facts and circumstances of case

very well.After the death of Seerangaiammal,Thiru.Perumal Mudhaliar

made a Partition deed on 17.05.1999 with left hand thumb impression in

ten rupees bond paper received from K.Vivekandan, the stamp vendor,

Licence No:5/1997/Gobi, 29, Kannadipudhur,Kavindapadi-638455

signed by the petitioner father and his three brothers including first

accused before Panchayatars 1)M.Arumugham,S/o Marimuthu Gounder,

P.Mettuppalayam 2)K.Ramasamy S/o Kitta gounder,Seraiammpalaiyam

3)M.E.SadaSivam S/o Eswaramudhaliar, P.Mettuppalayam

4)M.A.Ramachandran S/o Andavar, P.Mettuppalayam 5)Karnan S/o

Rangasamy, P.Mettuppalayam written by the hand writing of Karnan.

The Original Partition document is misplaced recently within the family

members. As the family members are stated that the documents were not

with them,the police compliant submitted to the Inspector of

Police,Kavindapadi and paper publication done in the Erode District

Tamil Daily.P.Kolandavel also accepted the Partition of the family

property in Para No 3 of the “Forgery will”Dated:02.06.1999.The

forgery will is created by P.Kolandavel with the help of 1)

D.R.Purushthamman,Cell No: writer before the Tashildar office,S/o

Rangasamy residing at 71/73 Srinivasapuram,Bhavani as per the request

of Samuvel office Assistant of Thiru.Senthilkumar,Government

advocate opposite to the Tashildar office.The statement of

D.R.Purushothamman on 25.11.2013 before the Inspector of

Police,Bhavani is considered as approver. The D.R.Purushothamman

stated before Inspector of Police,Bhavani that the forgery will is created

only before seven months 2) One of the witness in the “forgery will”is

Thiru.Murugan who was working along with P.Kolandavel in Sakthi

Sugar Factory,Appakuddal.3) one of the another witness in the “forgery

Will”is Thiru.Gopalan is relative of P.Kolandavel. P.Kolandavel’s son

Prakash’s father-in-law is Gopalan from Kanakkampalayam.The

Signature of Late Perumal Mudhaliar must have signed by the family

members mentioned above to get the benefit from the property.The facts

and circumstances creates the doubtful integrity against

Thiru.Subramanian.

14. The first petitioner submitted a petition before the Judicial

Magistrate Court,Bhavani on 05.12.2013 to call for the records from the

District Anti-Land Grabbing,Cell,Erode District and from The Inspector

of Police,Kavindapadi.P.Kolandavel wants to grab the petitioner’s

property in connivance with some people mentioned above and gave

extreme direct and indirect torture to the petitioners parents and not

permitted the petitioner’s to enjoy their property peacefully by creating

baseless allegations against the petitioners and their family members.

15. The second petitioner submitted several representations to the

Superintendent of Police,Anti-Land Grabbing,Erode,the Hon’ble Chief

Minister,Tamilnadu and other officials. One of the representations of the

petitioner’s father was enquired before the Land Grabbing cell. One of

the representations dated: 23.04.2013 forwarded to Tamilnadu

Kavindapadi Police to enquire and necessary action.

16. The Inspector of Police,Kavindapadi enquired the second

petitioner representation which is forwarded from the Superintendent of

Police,Anti-Land Grabbing,Erode on 28.04.12.The statement submitted

by the second petitioner to the Inspector of Police at Kavindapadi on

28.04.12 .The statement clearly proves that the P.Kolandavel wants to

grab the petitioner’s property.

17. The statement submitted by P.Kolandavel to the inspector of

Police at Kavindapadi on 28.04.12 and the acknowledgement dated:

06.05.2012 given by P.Kolandavel to the petitioner’s father for the Rs

1,77,500/ as Baroda Bank Demand draft dated:30.04.2012 clearly proves

that P.Kolandavel has handed over the petitioner’s property .The second

petitioner even though accepted before the Land grabbing cell at Erode

District. He submitted several representations to recover the amount

from P.Kolandavel Rs1, 77,500/. The statement of the P.Kolandavel in

the counter in I.A.No:1452/13 &I.A.No:1453/13 clearly states the

incidents in the Inspector of Police, Kavindapadi is not related to the

case in O.S.No:147/13 is clearly proves that P.Kolandavel is suppressing

the vital facts before the Hon’ble Court and misleading the Hon’ble

Court.

18. The second petitioner paid two hundred rupees fees to the

Tashildar,Bhavani to measure his property on 28.05.12.The second

petitioner received the report from the Inspector of Police,Kavindapadi

on 12.09.2012 under Right to Information Act2005 proves the incident

happened on 28.04.2012 and 06.05.12.The statement of P.Kolandavel

on 06.05.2012 clearly states that P.Kolandavel handedover the

petitioner’s property.The report of the Inspector of Police,Kavindapadi

clearly proves that P.Kolandavel is giving extreme torture to the second

petitioner. During the measurement P.Kolandavel has not co-operated to

measure his property and the P.Kolandavel is giving extreme torture to

the petitioner’s by creating allegations. Two months back P.Kolandavel

entered into the petitioner’s property.

19. The second petitioner received a notice from the District

Court, Erode to appear before the Hon’ble Principle District Munisiff

Court,Bhavani on 06.06.13. Then only the second petitioner came to

know that P.Kolandavel filed O.S.No:74/13 before the Erode Vacation

Court on 07.05.2013 with I.A.No:557/3 which is transferred to the

Principle District Court,Bhavani.The second petitioner submitted Pradhu

Vinnappam,petition,affidavit and thirteen pages of document on

07.06.2013 to dismiss the Suit on the ground as false suit before the

Hon’ble Principle District Munisiff as the case adjourned to 07.06.2013

after serving a copy to the P.Kolandavel’s advocate.

20. The suit filed by P.Kolandavel is false, frivolous and not

sustainable both under law and on facts.The second petitioner submitted

Order No:12 Rule No:8 petition to get speediest justice before the

Hon’ble Court by serving the copy to P.Kolandavel’s advocate .The

petition is returned from the court and numbered only Order no 7 Rule

No:11 and 151 CPC petition in I.A.No:1452/13 &I.A.No:1453/13.

21. P.Kolandavel s advocate Thiru.Gnansekaran served the

counter I.A.No:1452/13 &I.A.No:1453/13 and want to submit written

objection submitted in counter.The Petitioner’s father has submitted a

copy application on 25.11.2013 before this Hon’ble Court to get the

details and to submit the written objections to the counter received from

Gnanasekaran advocate.

22. The petitioners are ready to prove that the will is forgery

and created only to grab the property in connivance with other

accused.The Hon’ble Court may please to direct P.Kolandavel to

handover the property as stated in Para No 2 of the “forgery

will”Dated:02.06.1999.The partition document is written by

Thiru.Karnan residing in the same street of the P.Chinnapattappan.The

Hon’ble Court may please to enquire, Thiru.Karnan before this Hon’ble

Court who is the writer of the will in presence of the Panchayatars.

23. The Late Perumal Mudhaliar made thumb impression on

17.05.1999 in the partition deed and the forgery will on 02.06.1999.The

petitioner’s submitted a partition deed before this Hon’ble Court and the

P.Kolandavel submitted “Forgery will”.In the two cases author of the

document must be examined.In order that execution of a document may

be proved what is required under section 67 of the Evidence Act is that

the author of the document must be examined and the witness who have

seen the executants signing the document must depose that they have

seen the executants signing the document.-Hanumantrao Ramarao

Deshmukh Vs Krishnabai,1986(1)Bom CR 50(Aurangabad).

24. Execution of documents-Proof of :If the execution of the

document is denied,the party seeking to prove that the document must

not only prove that the alleged executants has signed that deed,but he

must also prove that the executants had signed the same with the

Knowledge of its contents.-Dattatraya Vs Ranganath Gopalrao

Kawathekar,AIR 1971 SC2548.

25. Execution of –Proof of documents: To prove the

execution of a document it must be shown that the person executing it

consciously subscribed to it in the sense that he put his mark or signature

on it after having known and understood its contents.Mere proof that the

person’s signature appears on the documents cannot by itself amount to

the execution of the document-Ramjan Khan Vs Baba Raghunath

Dass,AIR 1992 MP22.Document-when not invalidated-Execution of

document by putting thumb impression by a person capable of signing

his name.But it does not invalidate document-Gangadhar Das,AIR 1986.

Writer of the document-Must prove the truth of the contents:Writer of

the document is required to depose to the truth of its

contents.Omprakash Berlia Vs Unit Trust of India,AIR 1983 Bom 1;

(1982)3 com LJ89;1983 Mah LJ 339;(1983)54 Compay Cases 136.

26. The Petitioner submitted a permission to cross examine

the accused with ten pages of additional documents before this Hon’ble

Court on 05.12.2013. The Hon’ble Court adjourned the case to

18.12.2013.The Documents submitted by the second petitioner in

CMPNo:9869/13 on 28.11.2013&05.12.2013 before this Hon’ble

Court,before the Inspector of Police,District Crime,Erode District &

before the Inspector Police,Kavindapadi and Bhavani.The list of

documents in the table is already submitted by the petitioner before this

Hon’ble Court in Serial No:16623/13 Dated:05.12.2013.The list of

witness to this case are 1) Thiru.Vivekandan,the former Inspector of

Police,Kavindapadi.2) M.Arumugham,S/o Marimuthu Gounder,

P.Mettuppalayam 3)K.Ramasamy S/o Kitta gounder,Seraiammpalaiyam

4)M.E.SadaSivam S/o Eswaramudhaliar, P.Mettuppalayam

5)M.A.Ramachandran S/o Andavar, P.Mettuppalayam6)R.Karnan S/o

Rangasamy, P.Mettuppalayam.7)The DSP,Anti-Land Crabbing

cell,Erode District.8)Thiru.Chinnapattappan, V.O.C.Street,

P.Mettuppalayam. 9)P.P.Pattappan,98,Naduppalayam, Chittode.

10)P.Ramasamy S/o Kamaraj Street,P.Mettuppalayam.

11)Thiru.Manivarma,the Inspector Police, District Crime,Erode Dt.

27. In the above circumstances the second petitioner submitted a

letter to the Deputy Superintendent of Police,District Crime,Erode

District to take action against 1)The Inspector of Police,Kavindapadi

2)Thiru.Palanisamy,the Writter of the Kavindapadi Police Station,Erode

District.3)Thiru.Ganesan,the Public Prosecutor,Erode District.4)The

Inspector of Police,Bhavani &5)The Sub-Inspector of Police,Bhavani.

28. In the above circumstances the second petitioner submitted a

CMPNo: 10510/14 before JM-II,Bhavani to direct the concerned police

department to register the case or admit this criminal compliant before

this Hon’ble Court and O.S.No:147/13 is false suit for temporary and

permanent injunction before the Principle District Munisiff,Bhavani and

thus render Justice. Even though the copy application was made by the

second petitioner the J.M.-II,Bhavani has not served the copy till date.

29. In the above circumstances the Petitioner filed a Writ Petition

against 1)PDM Court,Bhavani 2)JM-II,Court,Bhavani &P.Kolandavel

on 19.12.13.The petitioner’s submitted a letter before the Principle

District Munisiff,Bhavani to adjourn the case until the further orders

from the Hon’ble High Court.The Writ Petition bundles are not yet

returned till date from the section on our repeated request.In the mean

time PDM Court,Bhavani without giving reasonable opportunity when

the matter is pending with the appellate forum passed an order is not

maintainable.

30) Subsequently the 2nd petitioner filed CRLOP.in SRNo:15141/15

to register the case to find out the person who made Perumal’s signature

in the forgery will dated:02.06.1999 which was created to file

O.S.No:147/13 in the month of May 2013.Subsequently the 2nd

petitioner filed an affidavit in USRNo:966/15 before the Hon’ble High

Court.

31) GROUNDS

a) The 6 th respondent suppressed the vital facts happened

before the 1st and 2nd respondent before the 3rd respondent and got the

order in O.S.No:147/13 which affects the 2nd petitioner and he is aged

about 77 years old and his date of birth is 15.06.1948. The 2nd petitioner

was not able to tolerate the atrocity of the 6th respondent in many ways.

b) The 6th respondent fabricated forgery will dated: 02.06.99

in the month of May 2013 to file O.S.No:147/13 before the vacation

court.

c) The PDM Court,Bhavani passed orders in O.S.No:147/13

even though the petitioners submitted that W.P. is filed before this

Hon’ble High Court on 19.12.13 which is not returned from the section.

The PDM Court,Bhavani has not permitted a reasonable opportunity in

accordance with the Principles of Natural Justice to the petitioners to

argue before the Court and caused injustice to the petitioners.

d) The Judicial Magistrate Court-II,Bhavani has not permitted

a reasonable opportunity to the petitioners permitted a reasonable

opportunity in accordance with the Principles of Natural Justice to get

the copy of the order in CMP.No:10510/14 and to argue before the

court.

e) The J.M-II Court,Bhavani failed to note that the Inspector of

Police,Bhavani submitted false report in CMP.No:9869/13 and

DSP,Bhavani in CMP.No:10510/14 and suppressed the statement of

approver D.R.Purushothamman on 25.11.13 before Thiru.Vijayakumar,

the Sub-Inspector of Police,Bhavani.

f) The Hon’ble High Court single learned Judge in

Crl.O.P.SRNo:15141/15 failed to note the statement of the approver

D.R.Purushothamman that the “forgery will Dated: 02.06.99”was

prepared only seven months before 25.11.2013.

g) The Erode District Police permited the accused to escape

from their offence by submitting false report before the Court and failed

to take action in accordance with law and caused endanger to life of the

both the petitioners.

h) The Writ Petitioner filed before the Hon’ble High Court on

19.12.13 is not yet returned from the Writ Section.

i) The petitioner submitted compliant to the Director,V&AC,Chennai

on 15.01.2014 that the Erode District police are corruptive and prayed

for investigation.The Director,Vigilance forwaded my compliant to

DGP,Chennai on 17.02.2014 for departmental action against Erode

District Police.The DGP,Chennai failed to initiate action against Erode

District Police.

32) In the above circumstance the petitioners are humbly prayed

that the Hon’ble Court may please to dispense the Xerox copies of the

proceedings in O.S.No:147/13 before the PDM Court,Bhavani,the order

in CMPNo:9869/13 & CMPNo:10510/14 before the J.M.-

II,Court,Bhavani and CRl.O.P.SRNo:14151/15 until disposal of the case

and thus render Justice.

33) In the above circumstance the petitioners are humbly prayed

that the Hon’ble Court may please to stay the proceedings in

O.S.No:147/13 before the PDM Court,Bhavani,the order in

CMPNo:9869/13 & CMPNo:10510/14 before the J.M.-II,Court,Bhavani

and CRl.O.P.SRNo:14151/15 until disposal of the case and thus render

Justice.

34) In the above circumstance petitioners are humbly prayed that

the Hon’ble Court may please to writ of certiorarified mandamus or writ

of quo warranto calling for the records on the file of the proceedings in

O.S.No:147/13 before the PDM Court, Bhavani, the Proceedings in

CMPNo: 9869/13 &CMPNo:10510/14 before the J.M.-II, Court,

Bhavani and CRl.O.P.SRNo:14151/15 and on the files of the 1st and 2nd

respondent consequently direct the 6th respondent to handover the

property of the 2nd petitioner forthwith to save the life of the 2nd

petitioner with adequate compensation may deem fit and proper in

circumstances of the case and thus render Justice.

Solemnly and sincerely

Sworn at Chennai on 4th May 2015 Petitioner-in-Person

IN THE HON’BLE HIGH COURT OF

JUDICATURE, MADRAS AT CHENNAI

W.P.No: /15

1) DSP,Anti-Land Grabbing, Erode District.

2)Thiru.Vivekandan,

Former Inspector of Police,

Kavindapadi.

3)Principle District Munisiff,

Bhavani.

4) Judicial Magistrate Court-II,

Bhavani.

5) The Registrar (Criminal&Civil),

High Court,Chennai.

6)P.Kolandavel,S/o LatePerumal,

35, AnnamarKovil St,

Salangapalayam,

Erode.---Respondent/Respondent

WRIT PETITION

P.CHANDIRA

P.P.PATTAPPAN.