complaint under
section 190 of the Code of Criminal Procedure 1973
From
Cheriyath Jyothi B.Sc., M.B.,B.S.,
“mithilam”, povankonam,
Chempazhanthi P.O.,
Thiruvananthapuram,
PIN – 695587.
To
The Hon'ble Chief Judicial Magistrate,
Thiruvananthapuram
Sir,
I am a service pensioner of the Kerala Government who retired on superannuation in April 2005 from the post of Lecturer in the Medical Education Service . I beg to submit the following for the kind consideration and necessary action of the Hon'ble Chief Judicial Magistrate of Thiruvananthapuram.
FACTS
A.
1. Mrs. S. Remadevi, of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram – 695005, as the sole owner of house no. VP IV/1534, (SNRA no.14), Surya Nagar, Nettayam P.O., Thiruvananthapuram – 695013, signed an agreement (enclosure – 1) with me for rental of the ground floor of the above building to me for a period of eleven months with effect from 23 December 2008. I have paid the monthly rent to her through non-negotiable bank cheques made out in the name of Mrs. Remadevi till the time of my vacating the house in July 2009.
2. Mrs. Rema devi has signed the above rental agreement fraudulently. A communication I have received from the vattiyurkav panchayath vide their no. A7 - 4044/09 dated 25.8.2009 ( enclosure – 2) authoritatively states that the owner of the above house N0. VP IV/1534 of Vattiyurkav panchayath rented out to me is Mr. N. Dineshan ( and NOT Mrs. Remadevi).
3. In the above context my humble presumption is that the rental agreement with me was entered into by Mrs. Remadevi (and NOT by the rightful owner Mr. N. Dineshan) as part of a criminal conspiracy, in a concerted effort by Mrs. Remadevi and her husband Mr. N. Dineshan to defraud and cheat the exchequer.
4. The question of assets disproportionate to the income of Mr. Dineshan of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram - 695005, as well as other irregularities, financial and otherwise, as an employee of the Kerala Water Authority at Vellayambalam is pertinent in this context.
5. As far as my information goes, Mrs. Remadevi of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram - 695005 who cooked up the fake document and thereby committed a cognizable offence is also an employee of the Kerala Government.
B.
1. Within less than six months of signing the original lease deed, there came fresh demands from the lessor of the above house. I found these demands unreasonable and refused them. The result was Mr. Dineshan of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram - 695005 forcing himself into my residence in the night of 30 may 2009 and threatening to evict me by force and with insinuations of bodily violence, using crude language.
2. I made a representation on the matter to the District Collector of Thiruvananthapuram vide my No. cj/09_7/09/- of may 30, 2009 ( enclosure - 3 ). Things quietened a bit following this; however the night time prowlings of Mr. Dineshan around the house continued.
3. My desperate attempts to find alternate living accommodation ultimately succeeded and I entered into an agreement with my present house owner on July 13, 2009 and shifted my residence to my present house in Chempazhanthi on July 15, 2009 itself. On July 22, 2009 after clearing house no. VP IV/1534, (SNRA no.14), Surya Nagar, Nettayam P.O., thiruvananthapuram - 695013 of my things I telephoned Ms. Remadevi of the fact. However, the ( supposed to be ) owner of the house, who desperately wanted the house back till then, refused to take over the house and directed me that I stay on till December 2009 in the same house.
4. It was at this juncture, on July 24, 2009, that my inquiries at the Vattiyurkav Panchayath office revealed that Mrs. Remadevi is not the owner of the house No. VP IV/1534. The agreement she has signed with me as such was null and void. I locked up the house and sent the keys to Ms. Remadevi by post on July 28, 2009.
C.
1. On the night of July 29, 2009 at about 8.30PM Mr. N. Dineshan of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram - 695005 along with his wife Mrs. Remadevi broke into the premises of my rented house at Chempazhanthi. They had their accomplices standing outside the house and in the surroundings.
2. Mr. N. Dineshan insulted me and abused me. An altercation was avoided as I kept my cool and did not respond at all to the taunts and threats of the above individual. After lecturing to the assembled locals from within my premises, Mr. N. Dineshan and Mrs. Remadevi of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram - 695005 left, promising to pursue me wherever I go and make my life miserable.
3. I am producing herewith a compact disk containing audio files of the voice of Mr.N.Dineshan recorded from within my premises on the night of July 29, 2009 as evidence ( enclosure - 3).
4. I reported the matter to the Kazhakoottam police on the same night and lodged a written complaint with the police the next morning vide my No. cj/09_7/10/- dated July 29, 2009. However the culprit was given VIP treatment and let off by the sub-inspector on the basis of telephonic directions from a senior policeman. The end result was the sub-inspector of police of Kazhakoottam police station making an effort to bully me, the complainant, on august 01, 2009.
5. Upon this I approached the circle inspector of police, Mr. Anil Kumar who gave me a patient hearing. However his contention was that there were too many complaints and it is not practical for them to make a charge. My humble feeling in this context is that it could be that the large number of complaints are the result of the fact that the culprits are aware that they can easily get away with it.
6. Mr. Dineshan had later telephoned the house of the owner of my present rented house Dr. R.R. Nair of Cheruvickal and made remarks with intentions to defame me. In an effort to convince Mrs. and Dr. Nair that Mr. Dineshan is not to be taken seriously I had provided them a copy of a video clips I had made of the house of Mr. Dineshan as I left it.
7. During the telephonic conversation with Dr. Nair, Mr.N.Dineshan is said to have even suggested that I have connections with “muslim terrorists”!
CONCLUSION
In conclusion I would beg to submit that Mrs. S. Rema devi and her husband Mr. N. Dineshan of House No.6, Narayana Bhavan, Edakulam Bhagavathi Lane, Mannamoola, Peroorkada P.O., Thiruvananthapuram - 695005, both of whom are employees of the Kerala Government, committed, amongst others, the following criminal offences:
1. Forgery and cooking up of a false document,
2. Criminal trespass - on more than one occasion,
3. repeated acts of Criminal intimidation, insult and annoyance,
4. Defamation and
5. Making statements creating and promoting enmity between classes.
PRAYER
My humble prayer to the Hon'ble Chief Judicial Magistrate of Thiruvananthapuram in the above context is to be kind enough to invoke section 190 of the Code of Criminal Procedure 1973 and initiate proceedings against the culprits, that, they may be prosecuted to the maximum possible and awarded exemplary punishment.
What is said above is true to the best of my knowledge and belief.
Signed this, the 7th day of September 2009 at Chempazhanthi, Thiruvananthapuram.
sd.
(cheriyath jyothi)
Enclosures-
1. rental agreement signed by Mrs. Rema devi
2. No. A7 - 4044/09 dated 25.8.2009 of vattiyurkav panchayath
3. my petition No. cj/09_7/09/- dated may 30, 2009 to the district collector thiruvananthapuram,
4. CD-ROM containing audio clip of the voice of mr.n. Dineshan.recorded on the night of July 29 from within my premises at chempazhanthi and
5. receipt no. 256/DP/kzm/09 dated 30.7.09 of kazhakuttam police station.
copy of
complaint to the kazhakoottam police