HC judge illanthirean reserves orders on plea to quash land grabbing case
HC reserves orders on plea to quash land grabbing case
Mohamed Imranullah S.
CHENNAI 06 SEPTEMBER 2020 00:16 IST
UPDATED: 06 SEPTEMBER 2020 00:16 IST
CCB had filed charge sheet against retired ADGP, wife, daughter and another woman
The Madras High Court has reserved its orders on petitions filed by retired Additional Director General of Police K. Thukkaiandi, 67, and his daughter Yamini to quash a criminal case pending against them before a Judicial Magistrate court here for having allegedly grabbed 12,000 square feet of private property at Seashore Town in Sholinganallur.
Justice G.K. Ilanthiraiyan deferred his verdict after hearing arguments advanced on behalf of the petitioners as well as the prosecution. The land-grabbing wing of the Central Crime Branch (CCB) police here had filed a charge sheet against the petitioners, the former ADGP’s wife and another woman for having allegedly indulged in cheating and forgery.
In his quash petition, Mr. Thukkaiandi stated that, according to the prosecution, the Sholinganallur property originally belonged to one Chockalingam Mudaliyar. It was sold to Motilal Karsondas Dalal and his brother Gunvant Lal Karsondas Dalal of Mumbai in 1967. Thereafter, the first purchaser died in 1981 and his brother also died in 1993.
Though the property ought to have been enjoyed by the legal heirs of the Dalal brothers, the retired ADGP and his family members reportedly entered into a criminal conspiracy to grab it. Two individuals were made to impersonate the Dalal brothers and a power of attorney was executed in favour of a woman in Tiruchi in April 2007.
The woman was named as Dhanalakshmi in the power of attorney document though her real name was Tamilarasi. Subsequently, she executed a sale deed in favour of Yamini who, in turn, let out the property to a commercial establishment for a monthly rent of ₹1.53 lakh and received advance of ₹10.20 lakh.
On coming to know of the alleged fraud, Upendra Motilal Dalal, son of Motilal Karsondas, lodged a complaint with the Greater Chennai Commissioner of Police on May 28, 2012 and a FIR was registered the very next day without naming Mr. Thukkaiandi as one of the accused.
However, after completing the investigation last year, the police filed a charge sheet against the former police officer, his wife, daughter and Tamilarasi. The Magistrate took cognisance of the final report and issued summons directing Mr. Thukkaiandi to appear in person on February 20. Hence, he had moved the present petition.
The prosecution’s claim was that he had misused his position as a top police officer and coerced his official driver Kaja Hussain to accompany his wife to the Neelankarai Sub- Registrar’s office for registering the forged sale deed. The retired ADGP, on his part, claimed that no other witness other than the driver had spoken about his role in the alleged crime.
He also recalled to have taken action against former Chief Ministers and Ministers under the Prevention of Corruption Act during his stint as Superintendent of Police, Crime Branch-Criminal Investigation Department (CB-CID) in 1997 and then as Inspector General of Police in the Directorate of Vigilance and Anti-Corruption (DVAC).
Claiming to have also monitored the trial in the disproportionate assets case against former Chief Minister Jayalalithaa in Bengaluru, the former ADGP said the present land grabbing case has been “foisted” against him and his family members and that they had been roped in out of “malice and spite