HC directs Tahsildar to forward complaint to Police

The Madras High Court has made it clear that the civil court has got power to issue a direction to a party or to a witness to forward a complaint to the Police in appropriate cases.
Justice Nagamuthu, in his order, directed the Tahsildar, Tambaram to forward a complaint to the Commissioner of Police, Chennai City in respect of a forgery with regard to the patta documents related to a property of 1000 Sq.Ft which was originally earmarked as a road in Chitlapakkam Town Panchayat.
The judge, who allowed an appeal filed by one Natarajan partly, said "forgery is a fraud and so the power of the Court to unearth the fraud and to bring to book the culprits shall find no barriers."

"The power of the High Court could be found in section 151 of the code of Civil Procedure ... When the code itself recognizes the existence of the inherent power there is no prohibition to this court to exercise its inherent jurisdiction to issue direction to the Tahsildar to forward a complaint to the police."
The matter relates to a property of 2433 sq.Ft which was described as two pieces of land one measuring 1433 sq. Ft and another 1000 sq.Ft enjoyed by Natarajan.
The District Munsiff court decreed in favour of Natarajan for whole 2433 sq.Ft. Property when he filed a suit against which the Executive officer, Chittalapakkam Panchayat filed an appeal before the Subordinate Judge, Tambaram who set aside the Munsiff order following which the present plea was filed.

The judge in the matter of 1433 sq.Ft property granted a decree for permanent injunction as per the approved layout and restrained the Executive officer, Chittalapakkam Panchayat union from disturbing Natarajan in any manner interfering with the peaceful possession of land.

When the documents relating to the disputed 1000 sq ft property was produced, the judge noted that it was earmarked as road.
Despite strong objections raised by counsel for Natarajan that the appellate court has got no power to call for the documents or to record evidence, the judge said "cursory comparison of the documents produced would clinchingly prove that the patta has been forged. This court cannot close its eyes and keep its arms tied without moving forward to see that the real culprits who are responsible for fabrication of these documents are prosecuted and punished."

The judge directed the Tahsildar to forward a complaint to the Commissioner of Police, Chennai City in respect of forgery who in turn on receipt of complaint shall ensure FIR registered by jurisdictional police and entrust the case to CB-CID for investigation.