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Crl.O.P.No.7667 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2026

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.7667 of 2023 and Crl.M.P.Nos.4885 & 4886 of 2023

1. Thomas Alva Edison

2. Jeyamary

3. Mariya Susai Nickson

4. Arockiyaraj

5. Arokiyamary …. Petitioners

Vs

1. State rep.by The Sub Inspector of Police,

District Crime Branch, Nagapattinam District.

2. Kathiravan … Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records C.C.No.1376 of 2022 on the file of

the learned Judicial Magistrate No.I, Nagapattinam and quash the same.

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Crl.O.P.No.7667 of 2023

For Petitioners : Mr.N.R.Elango Senior Advocate for

M/s. A.S.Aswin Prasanna

For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

For R2 : Mr.B.Arvind Srevatsa

ORDER

This Criminal Original Petition has been filed to quash the proceedings in

C.C.No.1376 of 2022 on the file of the learned Judicial Magistrate I, Nagapattinam, thereby having been taken cognizance for the offences punishable under Sections 167, 406, 420, 465, 466, 467, 468, 471, 477(A), 120

B r/w 109 IPC, as against the petitioners.

2. The case of the prosecution is that on 18.09.2020 the 2^nd

respondent/defacto complainant Kathiravan S/o.Thangarasan, President of AIADMK, District Cooperative Union, Nagapattinam made a complaint before the 1^st respondent that the petitioners/accused A1 to A3 in collusion with Accused A4 the then Village Administrative Officer has forged the documents and usurped the land belonging to one Rajathagireeswarar temple and Government poramboke land in Velankanni, Nagapattinam. It is alleged that lands in Plot No.81/2A5 to an extent of 0.05.00 Acres in Velankanni village,

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Keezhvelur Taluk, Nagapattinam had Patta No.5 in the name of the ancestral trustee of one Tatchinamurthy Thevar of Arulmigu Rajathagireeswarar Thirukovil. As per the land tenure improvement scheme, the above mentioned land was subdivided into 4 portions as below and Natham patta No.6 revealed that the lands were in the name of the above temple as per records viz., land measuring 0.00.75 acres in new Plot No.81/13; land measuring 0.01.80 acres in Plot No.81/14; land measuring 0.00.95 acres in Plot No.81/15 and land measuring 0.01.50 acres in Plot No.81/2A5. The plot No.81/13 land was in the

temporary enjoyment of A2 by building a house.

3. On 26.06.2013 Thomas Alva Edison (A1) misusing his post of

President, Velankanni Municipality with the help of the then Village Administrative Officer (A4) and the then Deputy Tahsildar, Keezhvelur one Kandasamy prepared a fake Chitta in the name of A1’s mother one Jeyamary (A2) w/o. Arokiyaraj (A5). Using the said Chitta and with the knowledge that the land belongs to the temple, A10 one Subramanian, a document writer created a forged document and with the help of A13 one Benz Jaisingh, the then Sub Registrar (incharge) of Tirupoondi registered a settlement deed as if executed by A2 in favour of her younger son A3 one Mari Susai Nixon vide Doc.No.1317/2013 dated 26.12.2013. A4 who was retired by then and one

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Crl.O.P.No.7667 of 2023

Thangavel (A12) had signed as a witness to the settlement deed. The value of

the land at that time is said to be Rs.1,09,00,000/-.

4. On 14.11.2019 one Kandasamy the then VAO of Velankanni had issued

Chitta and Adangal in favour of A2 based on the earlier mentioned forged documents and mutated revenue records. It is further alleged that one Rajasekaran, the then Deputy Tahsildar, Keezhvelur had issued Chitta and Adangal in favour of A3. A3 executed a settlement deed vide Doc.No.1697/2019 dated 12.12.2019 in favour of his brother A1 for the land in S.No.81/13 measuring 500 sq.mt valued at Rs.45 lakhs wi