The presence of prima facie materials against the accused and the need for investigation before considering the quashing of the FIR.

1. It is an attempt by the petitioner to nip the FIR in the bud itself and that is the reason why he has come before this Court for quashing the F.I.R within one week from the date of registration in Crime No.40 of 2014 under Section 468, 471,420, 120B of IPC.

2. The petitioner contents that he is the Founder Trustee of the Public Charitable Trust called M.K. Alagiri Educational Trust. It is alleged that the trust has been established for propagating and disseminating education among the various sections of the society. The Trust has purchased the land in Sivarakkottai for establishing Educational Institution measuring about 44 cents comprised in R.S.No.175/2013 in Sivarakkottai from one Mr. S. Sampathkumar through sale deed dated 10.1.2011. The land originally belonged to Ramasamy Pandaram and Veluchamy Pandaram. The said property was one of the several properties forming the subject matter of declaratory suit in O.S.No.711 of 1979 filed by Veluchamy Pandaram against his brother Ramasamy Pandaram before the District Munsif, Thirumangalam. The suit was decreed on 05.04.1983 and the same was upheld in A.S.No.208 of 1981 on 05.04.1983. Ramasamy Pandaram and Veluchamy Pandaram exchanged an extent of 44 cents comprised in R.S.No.175 of 2013 in lieu of one acre three cents comprised in R.S.No.1777/16 under a deed of Exchange dated 30.6.2008 registered as document No.6199 of 2008. Through very next document No.6220/2008 dated 30.6.2008, Aathilakshmi in turn sold 44 cents to Mr. Sampathkumar by a sale deed dated 2.2.2011.

3. The Trust purchased the aforesaid 44 cents from Sampathkumar and constructed an Engineering College in Sivarakottai with a larger extent of land located little away from the aforesaid 44 cents. The College got permission to admit students from the Hon’ble Supreme Court by order dated 14.08.2014. The Hon’ble Supreme Court by the very same order dated 14.08.2014 permitted the respondents in S.L.P. to examine the veracity of the objections stated in paragraph 4.9 of the order, refusing affiliation and to file a report before the Hon’ble Supreme Court on 25.08.2014, in case of serious deficiency on the part of the College. Meanwhile the college started functioning. The respondents in SLP took further two weeks’ time to report before the Hon’ble Supreme Court.

4. The writ petition was filed by the Trust seeking affiliation was pending orders in June 2014, the third respondent due to political reason, accused the petitioner of grabbing 44 cents of temple land for the College. The Officials of the HR & CE Department trespassed into 44 cents of land and illegally fenced. The Trust filed a suit in O.S.No.512 of 2014 on 30.6.2014 before the Sub-Court, Thirumangalam for declaration and permanent injunction. After receipt of notice in O.S.No.512 of 2014, counter suit O.S.No.577 of 2014, through the second respondent was filed seeking declaration of exchange deed and subsequent sale deed as null and void and for permanent injunction against the petitioner Trust and 4 others. The said suit and other interim applications are pending before the Sub-Court, Thirumangalam.

5. When things stand so, to influence and inference in the adjudication of the proceedings before the Hon’ble Supreme Court in S.L.P.(Civil) No.21901 of 2014 and in the civil suits which are pending before the Sub-Court, Thirumangalam, the first respondent registered the FIR No.40/2014 on 27.08.2014. The said FIR is being challenged before this Court.

6. Mr. C.A. Dhiwakar, learned counsel representing Mr. S. Seetaraman, counsel for the petitioner would make the following submissions:

a) Ryathwari patta was granted in favour of Ramasami Pandaram and Veluchami Pandaram under Section 8(2)(ii) of the Minor (Inams Abolition and Conversion) Act 30 of 1963 and they have got right to exchange the property.

b) Section 41(1) of HR & CE Act, does not prohibit exchange of Ryothwari patta land and it cannot be illegal. To put it otherwise Section 41(1) of the HR & CE Act gra