The court emphasized the necessity of fair investigations and the potential for abuse in legal processes, ordering transfers to an independent agency due to systemic lapses in police investigations.

COMMON ORDER

These criminal original petitions arise out of a connected series of events involving the petitioners on one side and a set of private individuals on the other, in the backdrop of long-standing disputes concerning certain waterbodies. Since the factual matrix, the grievances projected and the reliefs sought are interrelated, all the petitions are taken up together and disposed of by this common order.

2.The broad factual background may be stated at the outset. One Gopalakrishnan, who figures as the petitioner in several of these matters, had instituted proceedings before this Court as early as in the year 2012 seeking removal of encroachments from three Kanmois in A.Vallalapatti Village, namely, Murugakone Kanmoi, Puthu Kanmoi and Nayakankulam Kanmoi. The lands comprised in these waterbodies, measuring about 456.31 acres, were originally classified as Minor Inams. By order dated 06.08.2014, a Division Bench of this Court, headed by His Lordship Hon'ble Mr.Justice V.RAMASUBRAMANIAN, declared these areas to be waterbodies and directed the authorities to evict the encroachers. Consequent to this, the Settlement Officer cancelled pattas in certain survey numbers on 28.07.2016.

3.It is alleged that these directions were not fully implemented and the waterbodies remained encroached, giving rise to friction between Gopalakrishnan and those said to be in unlawful occupation, particularly one Kusalavan. The continuing dispute, as alleged, forms the backdrop for the later incidents which have culminated in the present set of petitions.

4.The first of these incidents occurred on 24.02.2020. It is claimed that on that day the agricultural field of Gopalakrishnan was trespassed upon, standing papaya trees were destroyed and irrigation pipelines were damaged. A written complaint was lodged by Gopalakrishnan, which resulted in CSR No.103 of 2020. On the very same day, a counter-complaint was filed against Gopalakrishnan and his family members and Crime No. 39 of 2020 came to be registered for serious offences including those under the SC/ST (Prevention of Atrocities) Act. The petitioners were arrested and later enlarged on bail. But, that bail was subsequently cancelled by this Court in the year 2023 in view of the pendency of a later case. The complaint lodged by the petitioner in CSR No.103 of 2020, however, was later closed by the police on the ground that the parties could not be contacted and that the CSR had remained pending beyond six months. 5.In this regard, Gopalakrishnan has filed Crl.MP.No.4339 of 2023 and on 12.07.2024, the learned Judicial Magistrate, Melur directed the police to conduct an enquiry and register an FIR, if any cognizable offence is made out. The respondent Police conducted enquiry and filed a closure report before the Judicial Magistrate, Melur. Alleging that the respondent Police has not conducted proper enquiry, Gopalakrishnan has filed Crl.MP.No.4054 of 2024. Since the said proceedings is pending for over a year without any progress, the criminal original petition in Crl.OP(MD)No. 11577 of 2025 has been filed seeking directions to expedite the disposal of the complaint in Crl.MP.No.4054 of 2024.

6.A second incident took place on 16.06.2021, when a relative of the said Gopalakrishnan was allegedly attacked near the IOC Pipeline Road, Sampranipatti, and sustained serious cut injuries. In this regard, Crime No. 114 of 2021 was registered. This Court, while dealing with the anticipatory bail petitions