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Madras High CourtWP/8622/2024disposed of

M.L.Dhamodharan v. The Director

2024-04-23Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.L.Dhamodharan .. Petitioner -vs1. The Director Directorate Of Vigilance And Anti Corruption, No.293, M.K.N.Salai, Alandur, Chennai 16.

2. The Deputy Superintendent Vigilance And Anti Corruption Wing, No.168 J.N.Salai, Thiruvallur 602001.

3. The District Revenue Officer Office Of The District Collector, Thiruvallur, Thiruvallur District.

4. The Project Director Office Of The District Collector, Thiruvallur, Thiruvallur District.

5. The Block Development Officer (Block Panchayats) Commissioner, G.N.T.Road, Solavaram, Chennai 67.

6. The Secretary Solavaram First Grade Panchayat, Old Library Road, Solavaram, Chennai 67.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st Respondent to take appropriate action on the representation sent by the petitioner dated 26.12.2023 and to conduct an enquiry regarding the misappropriation of government subsidy funds to a tune of Rs.54,40,000/- meant for welfare schemes namely Indira Awaas Yojana (IAY) Prime Minister Awass Yojanna (Gramin), Chief Ministers Solar Powered Green Housing Scheme, Flood Relief Housing Scheme by disbursing the same to the nonexistent houses and the persons above the poverty line and take action against the erring officials within the time frame fixed by this honourable court.

For the Petitioner :

Mr.S.Shanmugasundaram For the Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.Sylvester John - for R1 and R2 Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan - for R3 to R5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Shanmugasundaram, learned counsel for the petitioner, Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondents 1 and 2 and Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 3 to 5.

2. The petitioner seeks direction against the respondents to conduct enquiry regarding misappropriation of Government subsidy funds to the tune of Rs.54,40,000/- meant for welfare schemes such as Indira Awaas Yojana (IAY) Prime Minister Awass Yojanna (Gramin), Chief Ministers Solar Powered Green Housing Scheme, Flood Relief Housing Scheme and so on.

3. The Inspector of Police, Vigilance and Anti Corruption Wing, Tiruvallur has filed a status report. It has been stated that detailed enquiry has commenced, 42 witnesses have been examined and 44 documents are collected. The enquiry conducted so far reveals that there are irregularities in the identification of the beneficiaries and also

funds were released to the beneficiaries even without construction of houses under the Scheme. A report has been sent to the Director, Vigilance and Anti Corruption Wing to get prior approval from the Head of the Department to take action against the erring Government officials. Thereafter, based on the approval, FIR would be registered against all the erring Government officials.

In view of the said status report filed by the respondents, the writ petition is disposed of. There shall be no order as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 23.04.2024 Index : Yes/No : Yes/No kst

To

1. The Director Directorate Of Vigilance And Anti Corruption, No.293, M.K.N.Salai, Alandur, Chennai 16.

2. The Deputy Superintendent Vigilance And Anti Corruption Wing, No.168 J.N.Salai, Thiruvallur 602001.

3. The District Revenue Officer Office Of The District Collector, Thiruvallur, Thiruvallur District.

4. The Project Director Office Of The District Collector, Thiruvallur, Thiruvallur District.

5. The Block Development Officer (Block Panchayats) Commissioner, G.N.T.Road, Solavaram, Chennai 67.

6. The Secretary Solavaram First Grade Panchayat, Old Library Road, Solavaram, Chennai 67.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(kst) 23.04.2024