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Madras High CourtWP/1685/2020disposed of

N.Murugesan v. The Secretary To The Government

2024-02-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Murugesan .. Petitioner vs 1.The Secretary to the Government, Animal Husbandary, Dairying and Fisheries Department, Namakkal Kavignar Maaligai, Fort St. George, Chennai-600 009.

2.The Commissioner, Milk Production and Dairy Development Department, Chennai-51.

3.The Managing Director, The Tamilnadu Co-operative Milk Producers Federation Limited, Aavin Illam, Madhavaram Milk Colony, Chennai-51.

4.The Deputy Registrar (Milk Production), Coimbatore.

5.The Director, Vigilance and Anti-Corruption, No.293, M.K.N. Road, Alandur, Chennai-16.

6.The Inspector of Police, The Commercial Investigation Wing, Coimbatore District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 to forward the petitioner's complaint dated 25.2.2019 and 17.9.2019 to the sixth respondent for proper investigation within a time frame fixed by this Court.

For the Petitioner : Mr.P.Arumugavel For the Respondents : Mr.C.Kathiravan Special Government Pleader for respondents 1 and 2 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.M.Sylvester John for respondents 5 and 6 : No appearance for respondents 3 and 4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.P.Arumugavel, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 and 2; and, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.M.Sylvester John, learned counsel for respondents 5 and 6.

2. The writ petition is filed seeking directions against respondents 1 to 5 to forward the petitioner's complaint to the sixth respondent for proper investigation within the time fixed by the Court.

3. Learned Additional Public Prosecutor submits that a case in Crime No.4 of 2020 under Sections 120B, 265, 465, 468, 471, 477A, 408 and 420 IPC was registered by the Coimbatore Rural CCIW against accused persons, viz., (1) Arulmanirajadurai, President; (2) Chandrasekar, Secretary; and (3) Deepanchakravarthy, Cleaner. Learned Additional Public Prosecutor further submits that the charge

sheet is also filed in the said case and the trial has commenced before the learned Judicial Magistrate No.IV, Coimbatore in C.C.Nos.2185, 2186 and 2187 of 2021. P.W.1's cross-examination is underway.

4. Learned counsel for the petitioner submits that the petitioner has lodged the complaint against five persons, but the criminal case has been registered only against three persons.

5. The petitioner may take appropriate steps, as may be permissible under law, in that regard.

6. The writ petition is, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index :

Yes/No Yes/No bbr

To 1.The Secretary to the Government, Animal Husbandary, Dairying and Fisheries Department, Namakkal Kavignar Maaligai, Fort St. George, Chennai-600 009.

2.The Commissioner, Milk Production and Dairy Development Department, Chennai-51.

3.The Managing Director, The Tamilnadu Co-operative Milk Producers Federation Limited, Aavin Illam, Madhavaram Milk Colony, Chennai-51.

4.The Deputy Registrar (Milk Production), Coimbatore.

5.The Director, Vigilance and Anti-Corruption, No.293, M.K.N. Road, Alandur, Chennai-16.

6.The Inspector of Police, The Commercial Investigation Wing, Coimbatore District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 01.02.2024