IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 06.12.2021

PRONOUNCED ON : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.No.7536 of 2021

Kalavathy

... Petitioner

Versus

1. The Superintendent of Police,

Office of the Superintendent of Police,

Chengalpet,

Chengalpet District.

2. The Inspector of Police,

Chengalpet Taluk Police Station,

Chengalpet,

Crime No.485 of 2019.

3. The Inspector of Police,

CBCID,

Kancheepuram,

Kancheepuram District.

... Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of

the Code of Criminal Procedure, to transfer the FIR pending in

Crime No.485 of 2019 dated 09.09.2019 from the file of the

Second Respondent Police to the third Respondent for

investigation.

For Petitioner

:

Mr.M.Jaikumar

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

This petition has been filed to transfer the FIR

pending in Crime No.485 of 2019 dated 09.09.2019 from the file

of the Second Respondent Police to the third Respondent for

investigation.

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

2. The gist of the case is that the petitioner/defacto

complainant, wife of the deceased Soundararaj, lodged a

complaint on 09.09.2019. Her husband, a retired Economic

Professor Pachaiyappan College was having an ancestral property

at Pazhraveli Village, Chengalpattu District, a part of property

is situated near Pazhraveli Bypass. The petitioner's husband

used to visit the above said property regularly. On 03.09.2019,

petitioner's husband visited the property at Chengalpattu. On

06.09.2019, a quarrel arose between him and the neighbouring

land owners of the property. On the next day, the dispute became

aggressive and the petitioner's husband informed his son

Singaravelu about the same. On 08.09.2019, when he was contacted

he failed to respond. On 09.09.2019, the Taluk Police Chengalpet

received information that a male body was floating in their

Well. Thereafter, the petitioner went to the Chengalpattu

Hospital, identified the body of her husband and hence, the

complaint. The respondent Police registered a case in Crime

No.485 of 2019, under Section 174 of Cr.P.C., but they failed to

take any proper action to find out the reason for the death of

her husband.

3. The grievance of the petitioner is that her husband

is having an ancestral property at Pazhraveli Village, her

husband regularly visited the property, a portion of the

property was sold to the SCAD School and they are having dispute

over the boundaries of the property. When the petitioner's

husband put up a fence, the same was opposed by one Rehman, who

is the Administrative Officer of the School. The said Rehman

came their along with one Abel, a former Panchayat President,

and attempted to stop the work. Earlier to it, one Elangovan,

proprietor of Vaigai Hotel, let out the drainage water in the

petitioner's land, which was later resolved. Since the adjacent

land owners, viz., Elagovan, Abel, Rehman, Puniyakooti and

Manogaran, encroached the petitioner's land, there was no

cordiality between them and her husband. Further, these persons

were supporting the SCAD School management, forcing the

petitioner's husband to withdraw his claim over the property.

The Village Administrative Officer and the Revenue Inspector

also supported the School. The petitioner's son went to

Chengalpet, questioned the SCAD School Management and others.

Subsequently, she was unable to contact her husband and finally

she was informed that her husband drowned in the Well. The

petitioner's husband had no reason to commit suicide or get

slipped into the Well. Further, the said Well is in their field

for decades, which has steps, regularly used by her husband and

there is no reason that her husband could have