IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
M.Kaliyamurthy – Appellant
Versus
The State rep. by Inspector of Police, District Crime Branch, The Prevention of Land Grabbing, Perambalur – Respondent
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.251 of 2023 pending on the file of the Judicial Magistrate No.I, Perambalur.
2. The case of the prosecution is that the second respondent purchased a Plot No.13, admeasuring 2808 sq.ft in Survey No.384/6, situated at Elambalur Village, Perambalur District, by a registered sale deed dated 12.12.1996 document No.2969 of 1996. The land originally belonged to one Karumba Gounder, who sold it to Natesa Gounder. After his demise, the property was enjoyed by his legal heirs, including Muthusamy Gounder. On his demise, his wife Vasantha and their sons Subramnaian and Dhanabal, appointed one Thayumanavar as their power of attorney. The said Thayumanavar also obtained power from one Thailammal and later sold the plot to the second respondent. 3. Subsequently, one Pachamuthu (A1) fraudulently created a power of attorney executed by Thailammal. In fact, she had not executed such a power. A1 impersonated Thailammal using another woman, Pushpavalli @ Oppaiyee and obtained her thumb impression in the place of Thailammal and the same was registered. Based on the power of attorney, A1 sold Plot No.13
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