c




  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
----------------------------------------------------------------------------------------------------------------------------- ---------
BY RPAD September 22, 2009
To
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Office of the Chief Justice
High Court of Judicature at Madras
Chennai-600 001.

Your Lordship,

I respectfully submit that, I, B. Jayanthi, a law graduate and hailing

from respectable social background and a law abiding citizen, would
like to submit the following for your benign and kind attention to
enable your high office to render me justice against the
highhandedness of the two unruly elements  

 
 


 


The first respondent    is residing at No. 49, Gangai
Amman Koil Street, ³Sri Lakshmi Ammal Illam´, Kaikankuppam,
Chennai-600 087, and his brother   
 the Second
Respondent is residing at No.3, Gangai Amman Koil Street, ³Ranga
Flats´ Kaikankuppam, Chennai-600 087.

1. The first police complaint against the two brothers was made for
criminal trespass at R9 Valasarawakkam Police Station, on
07.06.2005 without any permission video graphed my flat and without
assigning any worthwhile reason.

2. On 10.12.2006, I have lodged a complaint to R9 Valasarawakkam

Police Station about the said A. Ranganathan and his henchmen who
stormed into my house and attempted to criminally assault me and my
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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-2-
family as per CSR No.195/2006 (3972498) dtd 15.12.2006.

During the intervening period 2006-2009 the two brothers continued

to cause mischief and nuisance by letting out the flat owned by R.
Uma to miscreants with the ulterior motive of disturbing me and my
family and the necessary police complaint lodged collectively along
with other flat owners to the COP after it was refused to be registered
by the local police.

3. On 27.01.2009 I have lodged a police complaint at R9

Valasarawakkam Police Station about the criminal assault by
unidentified persons who came on two separate two±wheelers as per
photocopy of complaint and subsequent communication sent to the
Commissioner of Police with a copy marked to the local station but
the police officials failed to take any action on the above incident.

4. Relating to the same unseemly and ghastly incident, I have

represented the matter to the following authorities for due action:

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I respectfully submit despite having made representation to the

various dignitaries and other High ranking officials of the
Government of TamilNadu about the atrocities of the two namely

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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
----------------------------------------------------------------------------------------------------------------------------- ---------
-3-
A. Ranganathan and A. Dhanasekaran, they continued to indulge in
unseemly and unacceptable behavior of threatening me and my family
with hooligans and thugs and the complaint to the local police station
did not prevent them from indulging in such unruly threatening
activities hence I was forced to petition again the following
authorities as per the copies of communication attached herewith for
your kind perusal:

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But only received a reply from Human Rights Commission,
TamilNadu vide Ref Case No.2111 dtd 13.03.2009 addressed to the
Commissioner of Police, Chennai, directing him for initiating action
against the delinquent police officials.

In response to the communication to Her Excellency the President of

India and copy to Hon¶ble Minister of Home Affairs, Government of
India, received a copy addressed to Chief Secretary to Government of
TamilNadu requesting him to take appropriate action and to send a
suitable reply to the petitioner i.e., myself vide Ref No.20011/3/2009
Coord.±II dtd 08.04.2009

Fearing assault by the unknown persons and the failure of the local
police in finding the identity of the unknown elements, I approached
3/11
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
----------------------------------------------------------------------------------------------------------------------------- ---------
-4-
the Honourable High Court praying for direction vide O.P No. 10015
of 2009 dated 03.06.2009 to the Police u/s 482 of CrPC to register the
complaint and investigate the matter and file the final report. But the
local Police officials had not complied with the direction of the
Honourable High Court. The FIR was not registered; investigation
not conducted due to the failure of the local police officials in
securing the assailants.

Enraged by judicial direction u/s 482 of CrPC from the Honourable

High Court, the local R9 Valasarawakkam Police served summons on
me and my husband Rv. Balasubramaniam on 03.06.2009 by the
Inspector of Police,  !""*-.  +
 R9
Valasarawakkam Police Station. On receiving the summons we made
our presence in the local Valasarawakkam Police Station on three
occasions. But the Inspector of Police ± Law & Order and Sub-
Inspector of Police who were assigned for the same failed to turn to
his office on all the three occasions at the said Police Station. We
both have recorded our attendance on all the three occasions on the
overleaf of the same summons served to us. Till date the local police
have not disclosed the identity of the persons nor have conducted any
investigation against my complaint, thus disregarded brazenly the
order of the Honourable High Court.

I respectfully submit that the said goonda brothers continue to bring

again rowdies thereby threatening to cause hardship and nuisance to
me and my family. Following this I along with the residents of our
apartment lodged complaint at local R9 Police Station which was
refused to be accepted by the Sub-Inspector of Police on duty 
!"on 18.06.2009.
4/11
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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-5-
Following the refusal by the local R9 Valasarawakkam Police Station,
the complaint was sent to the Commissioner of Police.

It appears that in fit of uncontrolled rage and anger as a result of our

communication sent directly to the Commissioner of Police and also
for obtaining judicial direction against the local police at R9
Valasarawakkam Police Station on the previous occasion, p

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$   /$ requiring my
attendance on 23.06.2009 at the R9 Valasarawakkam Police Station
against a false and baseless complaint by the two brothers, searched
for my husband as though he was a hardened criminal and a fugitive
from law and threw surveillance throughout the day in all the
approaches that led to my residence. Instead of taking action against
the goonda brothers, the local R9 Valasarawakkam Police were trying
to get an opportunity to wreak vengeance against me and my family.
Unable to bear the atrocities and highhandedness of the local R9
Valasarawakkam Police, I once again represented the matter to the
Commissioner of Police, besides sending telegraphic communication
to various dignitaries on the same day. The Inspector of Police-
Crime,  /$ R9 Valasawarakkam Police Station, kept a
low profile and became silent on the issue only after we have sought
attention of the Commissioner of Police on 24.06.2009 about the
atrocities of the local R9 Valasarawakkam Police, otherwise he was
intent on arresting myself and my husband on the basis of false
complaint made by the goonda brothers.

Then again on 31.07.2009, all of a sudden the said 0


  
 along with the help of local
rowdies

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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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-6-
087, illegally encroached upon the common area of the apartment of
which they are neither owners nor occupants of the flats. They have
threatened and prevented the occupants and flat owners of the
apartment from using the common area over which the duo have no
legal entitlement whatsoever. This was done with the help of local
rowdies and R9 Valasarawakkam Police Officials and placed
outsiders¶ vehicles in the parking area thereby preventing the lawful
owners from using it.

I respectfully submit that, the above issue was informed to the local
R9 Valasarawakkam police station, but our plea to the local R9 police
station received little or no attention, let alone action being taken
against the illegal encroachers. This clearly shows nexus between
goonda brothers and the R9 Valasarawakkam police officials.

I respectfully submit that, on several occasions the local R9

Valasarawakkam police have refused even to register our complaint.
Unable to bear with the atrocities and criminal intimidation, we have
even petitioned the higher authorities. Police officials who have been
requested to initiate action against the two goonda brothers who had
committed the criminal trespass by encroaching upon the common
area of the apartment of which they are neither owners nor occupants
of the flats in the apartment, did not raise their little finger in this
matter of grave concern to us. The unused vehicles of the outsiders
continue to be parked and secured with iron chain and lock in the
common area inspite of repeated complaints made to the local R9
Valasarawakkam Police Station and higher authorities. In the wall of
the common area that has been usurped by the outsiders illegally has
been painted as below:
6/11
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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-7-

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I respectfully submit that, the above said place is a common area over
which no exclusivity can be claimed by any of the flat owners. The
necessary documentary evidence with photographs of the atrocities of
the duo with the local rowdies headed by Palani residing at
Kaikankuppam, Chennai-600 087,have already been forwarded to the
higher police officials for initiating action against them for illegal
encroachment, criminal trespass etc. but action still to be initiated by
the said officials.
I respectfully submit that, the promoter M/s. Geethanjali Estates,
registered at No 4/1, New No. 300, Thiruvalluvar Salai, Nesapakkam,
Chennai-600 078, had constructed the apartment and have sold the
apartment to all the other flat owners including the common area for
the collective enjoyment of the occupants of the apartment, which is
evidently proved beyond doubt in the Encumbrance Certificate. But
in spite of selling all the flats in the apartments, they are continuing to
coercively exercise control over the other apartment owners and over
the land, which they deemed is to be their belonging, which is not
maintainable legally. Their aim is to illegally encroach upon the
land/apartment and to seize the possession of the common area of the
apartment with the help of local rowdies even after the sale and
transfer of property has been legally conveyed to the owners of the
flats.

I respectfully submit that, Sir, the metamorphosis of this unseemly

7/11
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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-8-
spectacle which culminated into this sorry state of affairs of the local
R9 Valasarawakkam Police, could be traced back to chronicle of
sordid events for the past five years. Every time a new inspector or
sub-inspector is posted to the R9 Valasarawakkam Police Station,
they are lured by the said goonda brothers who poison the police
officials against us and then cause untold misery to me and my
family.

Sir, the highlight of the atrocity of the local police officials was
evident when the same Police officials  !"$ Sub
Inspector of Police!"" Inspector of Police (Law
& order) of R9 Valasarawakkam police station who are given the
utmost responsibility of protecting the lawful citizen went berserk,
exceeding their authority mandated by law, accompanied the goonda
brothers A. Ranganathan & A. Dhanasekar to my residence and were
intent on taking us into custody so that our reputation in the locality
could seriously be impaired and sullied by which the police officials
of the local station could take revenge on us for petitioning the
Honourable Court, where I had filed a suit before the District Munsiff
Court at Poonamallee vide O.S.No.275 of 2009 dtd 03.09.09 and I.A
No. 1142 of 2009 dtd 03.09.2009 seeking direction to the local R9
Valasarawakkam Police Station to take action against the complaints
lodged by us against the said brothers and to restore my status quo
ante. The Police personnel also tried to force their way into my house
on Saturday, September 12, 2009 in their motor cars Toyota Qualis
and Tata Sumo under the pretext of searching for something
incriminating. The atrocious attitude of the local police was quite
evident when they accompanied with the same goonda brothers who
to my residence were constantly threatening us by all conceivable
means. 8/11
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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-9-
Under the Pretext of searching for unknown reasons, the local R9
Valasarawakkam Police officials were singularly intent on taking me
and my husband into their custody before sunset on Saturday the 12th
September 2009. Nothing could be a shameful testimony to the nexus
between the two goonda brothers and the local R9 Valasarawakkam
Police than the behavior of the Inspector of Police L&O 
!"" who has the audacity to proclaim that at the most we
could only make the inspector and sub-Inspector transferred to an
another place of work.

Fearing the ominous portends, I immediately informed the incident to

the jurisdictional Assistant Commissioner of Police, Chennai who
asked the Inspector, Sub Inspector and the police constables to
withdraw from the place. The next day i.e., on Sunday, September
13, 2009 I was issued summons to appear along with my husband, on
the same day before the same  !"" - Inspector of
Police, Law & Order, R9 Valasarwakkam Police Station who was
intent on taking me and my husband into custody the previous day
i.e., Saturday the 12th September 2009. Fearing once again, we ran to
the rescue of Commissioner of Police, Chennai on Monday,
September 14, 2009, who advised us to meet the Jurisdictional
Assistant Commissioner of Police, for an enquiry to be conducted in
the matter of summons, issued by !""*the Inspector
of Police Law & Order R9 Valasarawakkam Police station.

The enquiry was conducted by the Jurisdictional Assistant

Commissioner of Police on Tuesday, September 15, 2009 at 1130hrs
and it was proved in the enquiry that goonda brothers A. Ranganathan

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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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& A. Dhanasekaran had given false complaints for threatening us so
that they could continue with the illegal encroachment upon the
common area of our apartment over which they do not have any claim
or title legally. The outcome of the enquiry failed to uphold the rule
of law and rendered the whole exercise to a colorable exercise of
power and was reduced to a Barmecidal feast, totally tilted in favour
of the goonda brothers A Ranganathan & A. Dhanasekaran. The
whole enquiry was a sham. Goonda brothers A. Ranganathan & A.
Dhanasekaran have the audacity to remonstrate with the enquiry
officer - the Assistant Commissioner of Police Vadapalani, when he
suggested to remove the vehicle parked inside the apartment, as the
documents were found to be contrary to their claim which is legally
untenable.

The enquiry did not produce the just result of rendering justice to me,
resulting in the written submissions before the Enquiry Officer on
Tuesday, September 15, 2009 wherein I confirmed that the enquiry
was satisfactory becomes null and void as the enquiry has failed to
restore status quo ante of vacating the usurper from the common area
of the apartment.

I respectfully submit that, I have a strong belief that the local R9

Valasarawakkam Police is highly biased and favourably disposed
towards the illegal encroachers atrociously occupying the parking
space.

The nexus between the R9 Valasarawakkam Police officials with the

goonda brothers A. Ranganathan and A. Dhanasekaran the illegal
usurpers is obvious and beyond doubt.
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  10 KANNADASAN STREET

  
 SRI AMBAL NAGAR
RAMAPURAM
CHENNAI-600 089
PHONE: 24866232
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1. The submissions to be treated as my petition before Your

Lordship.

2. Appropriate direction to be given to the local R9

Valasarawakkam Police to vacate the illegal encroachers from
the common area of the apartment.

3. The illegal encroachers to be ordered to be dealt with in

accordance with the relevant law of the land.

4. Severe indictment of the local R9 Valasarawakkam Police

Officials to be handed down for their atrocious conduct and
excess committed and failure to uphold the rule of law and
strictures to be passed on the Police Officials for their
negligence in the discharge of their lawful duty.

Thanking you

Respectfully yours,

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ncld: Copies of the Communication

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