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Madras High CourtWP/35988/2015disposed of

A.Elavarasu, v. State Of Tamil Nadu Rep By,

2020-08-27Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.35988 of 2015 and W.M.P.No.10664 of 2016 A.Elavarasu ... Petitioner vs 1 State of Tamil Nadu rep by its Secretary to Government Rural Development Department, Fort St.George,Chennai-600009.

2 The Director Rural Development Department, Saidapet Panagal Malaigai, Chennai-600015.

3 The District Collector, Salem District, Salem.

4 The Assistant Director Rural Development Department, District Collector's Office, Salem District. 5 The Project Director, District Rural Development Agency, Salem District.

6 The Planning Officer, Rural Development Agency, District Collector Office, Salem District.

7 The Superintendent of Police, 8 The Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Sornapuri, Salem District.

9 The Inspector of Police, 10 Mr.S.K.Rajendiran, (Former Block Development Officer, Ammampalayam Block) Block Development, Officer Pethanaikanpalayam Panchayat Union, Salem District.

11 Tmt.Anandhi, (Former Supervisor Attur Panchayat Union) Supervisor Salem Panchayat Union Salem, District.

12 Mr.Pradeep (Former Assistant Engineeer Attur Panchayat, Union) Assistant Engineer Ayothiapattinam , Panchayat Union Salem District.

13 Mr.T.Velmurugan, (Former Secretary Ammampalayam Village, Panchayat) Secretary Koolamedu Pajchayat, Attur Panchayat Union Salem District. ...Respondents * * * Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 to 9 to initiate appropriate disciplinary proceedings as well as criminal proceedings against the respondents 10 to 13 on the basis of the petitioners representation dated 11.09.2015 within a time frame fixed by this Honourable Court.

For Petitioner : Ms.R.Gopika For Respondents: Mr.V.Shanmugasundar, Spl.G.P 1 to 9 For Respondents: Mr.L.Chandrakumar 10 and 11 For Respondent-12: Ms.S.T.P.Kuilmozhi For Respondent-13: Mr.M.Prabhu

ORDER

The writ petition is heard through Videoconferencing, on account of the COVID-19 pandemic situation.

2. The Writ Petition is filed seeking a mandamus directing the Respondents 1 to 9 to initiate appropriate disciplinary proceedings as well as criminal proceedings against the respondents 10 to 13 on the basis of petitioner's representation dated 11.09.2015 within a time frame as may be fixed by this Court.

3. Even in the typed set of papers filed by the petitioner, in the FIR Copy, the respondents 11, 12 and 13 are shown as accused.

4.

Now, the learned Special Government Pleader appearing for the respondents 1 to 9 states that, pursuant to a criminal case in Salem V & AC in Crime No.10/AC/2015 under Sections 120 (b), 167, 465, 467, 468, 471, 474, 477-A, 409, 420 I.P.C and Sections 13(2) read with 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988 was registered on 22.12.2015 against the respondents 11 to 13 and four others, as instructed in DVAC memo in No.PE/351/15/RDP/SL dated 21.12.2015 and took up for investigation.

5. The learned Special Government Pleader further stated that the investigation is over and a charge sheet has been filed and it is pending for trial.

6. As the limited prayer sought for in this Writ Petition is only for a direction to the respondents 1 to 9 to initiate action against the respondents 10 to 13 and the same is also done, no further orders need to be passed in this Writ Petition. It is open to the petitioner to follow up the case in the trial. 7.

With the above observation, the Writ Petition is disposed of.

No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

asr/srn To 1 The Secretary to Government, State of Tamil Nadu, Rural Development Department, Fort St.George,Chennai-09.

2 The Director, Rural Development Department, Saidapet, Panagal Malaigai, Chennai-15.

3 The District Collector, Salem District, Salem.

4 The Assistant Director, Rural Development Department, District Collectors Office, Salem District.

5 The Project Director, District Rural Development Agency, Salem District.

6 The Planning Officer, Rural Development Agency, District Collector Office, Salem District.

7 The Superintendent of Police, 8 The Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Sornapuri, Salem District.

9 The Inspector of Police, W.P.No.35988 of 2015 and W.M.P.No.10664 of 2016 vsn II[co] srg 01/10/2020