Frame charges against 9 who took over Temple land: High Court

 

Observing that the Court cannot remain a mute spectator when public property is converted into private by creating false document of title & is usurped by individuals, the High Court of Madras directed the Trial Court to frame charges against 9 people including granite baron P R Palanichamy in a case registered by the Madurai district police in 2012.

A land parcel measuring 10.9 acres in Kavattaiyanpatti village near Melur belongs to Elanthaikarai Ayyanar temple. In 2006, 3 temple trustees sold the property to Palanichamy. Though its market value was more than Rs 1.5 crore, the property was sold only for Rs 1.57 lakh. In 2012, M Gopalakrishnan lodged a complaint alleging fabrication of documents, forgery, cheating & conspiracy & requested the police to investigate. Based on the complaint, Melavalavu police registered a case against nine people under various sections of the Indian Penal Code and, after investigation, filed a final report in 2013.

Before framing the charges, the accused people filed a plea before Melur Judicial Magistrate (JM) Court in 2015 seeking their discharge alleging that there is no material to proceed against them for the alleged offences. The JM Court allowed the petition & discharged the accused holding that the dispute is purely civil in nature.

When the police filed a revision petition, Madurai Additional Sessions Court in 2016 confirmed the Melur JM Court’s order. The Melur deputy superintendent of police had filed the present plea before High Court Madurai bench in 2017, seeking to set aside the trial court orders. Justice G Jayachandran observed that the courts below had considered the facts on a wrong premise that the case is civil in nature & no criminal offence was committed despite the fact that the village property has been sold by people who were only managers & not owners of the property.

The Judge observed, “If any cognizable offence is brought to the knowledge of the police, it is their responsibility & duty to investigate & file a final report. At times, the villagers may be intimidated or threatened by powerful persons & or for any other reasons, they may not set the law into motion. In such circumstances, the court shall not find fault with the law enforcing agency, which has taken up the investigation of a cognizable offence".

When public property is converted into a private property by false document to exploit natural resources, the courts cannot turn a Nelson’s eye & sit on hyper technicalities, give seal of approval & allow illegality to continue, observed the judge.

“The Court in a discharge petition cannot make a roving enquiry & conduct a mini trial, which the courts below have unfortunately done in this case. Whether it is done due to ignorance of law or for extraneous consideration, is not the concern of this court for disposing of the petition,” observed the Judge. Since the materials placed by the prosecution make out a prima facie case of criminal offence of conspiracy, forgery, breach of trust & cheating, the Judge directed the trial court to frame appropriate charges against the 9 people.

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(With input from news agency language)

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