IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
PON. KUMAR – Appellant
Versus
State rep. By INSPECTOR OF POLICE, Kunnaththur Police Station, Thiruppur District (crime No.60 of 2022) – Respondent
| Table of Content |
|---|
| 1. initiation of petition to quash proceedings (Para 1) |
| 2. property dispute and ownership claims (Para 2 , 3 , 4) |
| 3. judicial observation on proceeding validity (Para 5) |
ORDER
This criminal original petition has been filed praying to quash the proceedings in CC.No.410 of 2019 on the file of the District Munsif Cum Judicial Magistrate, Uthukuli, Thiruppur District.
2. The second respondent lodged complaint alleging that the property comprised in RS.No.106/1 to 106/12 to an extent of 5 acres (hereinafter called as ‘the subject property’) were donated by then owners i.e. Kittappa Mudhaliyar, Ramasamy Mudhaliar, Angappa Mudaliar, Rangasamy Mudaliar & Annamalai Mudaliar by way of unregistered gift deed dated 04.04.1985 in favour of one, Pongali Mudaliar who is the then President of the School Building Committee, Panchayat Union School, Velliraveli, Erode District to upgrade the Panchayat Union School to Government High School, Velliraveli. The Building Committee had executed settlement deed in favour of the Chief Educational Officer of School Education Department, Erode District. The second respondent further alleged that the settlor had no title over the property. On the ba
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