IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.No.14009 of 2020

Dr.S.Arunkumar

...Petitioner

Vs.

1. The Director of Vigilance and Anti-Corruption,

No.293 MKN Road,

Collector's Nagar,

Alandur, Chennai-600 016.

2. The Superintendent of Police,

CB CID,

Egmore,

Chennai-600 008.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of

the Code of Criminal Procedure, to transfer the complaint dated

20.12.2019 from the 1^st respondent to the 2^nd respondent and

direct them to investigate the complaint made by the petitioner

in accordance with law.

For Petitioner :

Mr.B.Harikrishnan

For Respondents:

Mr.C.Iyyappa Raj,

Additional Public Prosecutor

*****

ORDER

This Criminal Original Petition has been filed to transfer

the complaint dated 20.12.2019 from the file of the 1^st

respondent to the file of the 2^nd respondent and direct him to

investigate the complaint in accordance with law.

2.(i)The gist of the complaint dated 20.12.2019 is that the

petitioner is one of the resident in flat No.11-A in ground

floor, M.I.G Block, P.T.Rajan Salai, K.K.Nagar, Chennai.

Originally, the flats were allotted to four persons, two persons

in the ground floor and two in the first floor, each flat having

a built-up space of 0876 sq.ft with undivided share for all the

allottees to the extent of 6,800 sq.ft. The flats were numbered

as 11-A and 11-B in ground floor and 11-C and 11-D in first

floor.

https://hcservices.ecourts.gov.in/hcservices/

(ii)Originally, the flat No.11-A in the ground floor

allotted to K.Sangunni and the Tamil Nadu Housing Board on

15.03.1990 executed a sale deed in document No.1051 of 1991.

The said K.Sangunni sold the flat No.11-A to the petitioner and

the petitioner, who is a retired Oncologist purchased through

document No.5678 of 1993, dated 30.12.1993, thereon, the

petitioner has been residing in the said flat.

(iii)The flat No.11-B in ground floor was purchased by

P.G.Srinivasalu by document No.321 of 1999, dated 22.02.1999,

the said P.G.Srinivasalu settled the flat No.11-B to his wife

S.Sasikala by way of settlement deed by document No.2837 of

2004, dated 13.10.2004. The said S.Sasikala had settled the

property (flat No.11-B) in favour of her daughter P.S.Malathi by

document No.941 of 2008.

(iv)The flat No.11-C in first floor was purchased by

V.Jayaraman through document No.453 of 1986, dated 15.12.1985.

The said V.Jayaraman sold the flat No.11-C to and in favour of

V.S.Srinivasan through document No.695 of 1987, dated

26.02.1987. The said V.S.Srinivasan had sold the property to

A.Ashwin Kumar, the son of the petitioner.

(v)The flat No.11-D in first floor was purchased by

S.D.Verma in document No.31877 of 1991. The said S.D.Verma sold

the property to Alli Govindarajan through document No.4698 of

1995, dated 30.08.1995. Originally, in the sale deed executed

by TNHB as well, the subsequent sale and settlement of these

documents, the built-up area conveyed was 0876 sq.ft and

undivided share of the four flats was 6,800 sq.ft, were enjoyed

by all the four flat owners with common amenities and

facilities. This being the case, one A.M.Vikramaraja and his

wife V.Sugantha had purchased the property in flat 11-B in

ground floor from P.S.Malathi, who is the daughter of

P.G.Srinivasalu and S.Sasikala. After purchasing the property,

they put up construction in the open common vacant area, which

was objected by the petitioner. The main door for sewage and

the metro water connection were sealed by putting up concrete

floor. The petitioner objected the same and thereafter, he

filed a Public Interest Litigation before this Court in

W.P.No.12566 of 2017 and one V.B.R.Menon, Advocate filed Public

Interest Litigation in W.P.No.2698 of 2017. The F