V.Kalaiyarasan v. The Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.2475 of 2022 V.Kalaiyarasan ... Petitioner

Versus

1. The Superintendent, Vigilance and Anti Corruption, M.G.Road Muthiyalpet, Puducherry.

2. The Inspector of Police, Vigilance and Anti Corruption, M.G.Road Muthiyalpet, Puducherry.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to direct the respondents to register the FIR on the complaint of the petitioner dated 23.02.2021 to the respondent police forthwith and to file the final report by conducting free and fair investigation by some other agency with the supervision of the respondent. For Petitioner :

Mr.S.Kasirajan For Respondents :

Mr.E. Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register the FIR on the complaint of the petitioner dated 23.02.2021 to the respondent police forthwith and file the final report by conducting free and fair investigation by some other agency with the supervision of the respondent.

2. The petitioner's grievance is that he gave complaint on 23.02.2021 to the first respondent police. But, no action was taken. On perusal of the complaint, it is seen that the petitioner is a fisherman in Karukkalachery Village, Karaikkal, possessing Yellow Family Card. The persons, who are holding Yellow Family Card, only are eligible for certain benefits of the Government. The income ceiling is Rs.75,000/- (Rupees

Seventy Five Thousand Only) per year. The petitioner approached one Ganesan, Revenue Inspector and requested for Income Certificate and he applied for it on on-line. The said Ganesan, Revenue Inspector demanded Rs.500/- (Rupees Five Hundred Only) for issuance of Income Certificate for Rs.75,000/- (Rupees Seventy Five Thousand Only) per year. The petitioner was not agreeable for the same and hence, the Revenue Inspector issued an Income Certificate showing Income as Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) to the petitioner on 02.02.2021. The petitioner, therefore, became ineligible for the benefits of the Yellow Family Card. Thereafter, on 05.02.2021, after receipt of Rs.500/- (Rupees Five Hundred Only) as illegal gratification, Ganesan issued a hand written Income Certificate showing Income as Rs.75,000/- (Rupees Seventy Five Thousand Only). Hence, he lodged a complaint against the said Ganesan for receiving the illegal gratification.

3. The learned Additional Public Prosecutor appearing for the respondents submits that in this case, the petitioner applied for Income Certificate through on-line. The Revenue Inspector, Ganesan issued Income Certificate showing Income as Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) on 02.02.2021. Thereafter, 50 fishermen of Karukkalachery Village, Karaikkal entered into Tahsildar Office, Karaikkal and demanded for issuance of Salary Certificate and also held Dharna. This Dharna also had a political backing. The Tahsildar, having no other option, immediately issued hand written Income Certificate to the protesters, including the petitioner, showing income as Rs.75,000/- (Rupees Seventy Five Thousand Only) per year. Thereafter, on verification, it is found that the petitioner was issued with on-line Income certificate dated 02.02.

2021. Hence, hand written Income Certificate dated 05.02.2021 was cancelled. The petitioner's allegation is that the Revenue Inspector demanded Rs.500/- (Rupees Five Hundred Only) which is far fetched and for the above said reason, the second Hand written Income Certificate was issued and it was later cancelled.

4. This Court, on the submissions and materials, it is seen that the petitioner was issued on-line Income Certificate on 02.02.2021, showing the Income as Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only). Thereafter, on 05.02.2021, hand written Income Certificate showing Income as Rs.75,000/- (Rupees Seventy Five Thousand Only) was issued, since Rs.75,000/- (Rupees Seventy Five Thousand Only) is the ceiling for the Yellow Family Card holders to receive the Government reliefs. The petitioner now enraged over the second hand written Income Certificate dated 05.02.2021, made this complaint. The explanation given by the learned Additional Public Prosecutor is based on the enquiry conducted by the police.

5.

In view of the same, this Court finds no reason to issue any direction. Hence,this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn/ab To

1. The Superintendent, Vigilance and Anti Corruption, M.G.Road Muthiyalpet, Puducherry.

2. The Inspector of Police, Vigilance and Anti Corruption, M.G.Road Muthiyalpet, Puducherry.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2475 of 2022 PMK(CO) CT 17/02/2022