Mr.J.John, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.06.2020

CORAM:

THE HON'BLE MR.JUSTICE V.PARTHIBAN W.P.No.7913 of 2020 J.John

...Petitioner

-Vs1. The State of Tamil Nadu Rep.by Principal Secretary to Government Department of Home, Prohibition and Excise Fort St.George Chennai-600 009

2. The Secretary to Government Tamil Development and Information and Public Relation Department Fort St.George Chennai-600 009

3. The Director Information and Public Relation Department Government of Tamil Nadu Fort St.George Chennai-600 009

4. Directorate of Vigilance and Anti Corruption Rep. By its Director 293, M.K.N.Road Alanthur Chennai-600 016

5. Mr.Ramaswamy Subramanian Principal-in-charge MGR Government Film and Television Training Institute Chennai 6.Mr.S.Muthumanickam .. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to register a First Informtaion Report on the basis of the complaint dated 10.12.2019 and conduct investigation and file a final report before the appropriate court in accordance with law.

For Petitioner : Mr.A.S.Baradhi For Respondents : Mr.S.Kathirvelu Spl.Govt.Pleader for R1 to R3.

ORDER

The writ petition is for a mandamus seeking direction to the 4th respondent to register FIR on the basis of the complaint by the petitioner against respondents 5 and 6 for the tracts of corrupt practices in regard to certain illegal appointment made by them in the M.G.R.Government Film amd Television Training Institute and also in regard to acceptance of illegal gratification by the said respondents.

2. According to the petitioner, he was one of the unsuccessful candidates participated in the interview for appointment to the post of Supervisor in the Film Institute. According to him, he noticed certain corrupt practices in regard to certain selection and he has come up with the present writ petition with plethora of allegations against respondents 5 and 6.

3. This court is unable to appreciate as to how such writ petition is maintainable under Article 226 of the Constitution of India. In case there was any complaint of corruption, it is always open to the petitioner to work out his remedies in the manner known to law, but certainly not open to him to invoke the extraordinary remedy under Article 226 of the Constitution of India.

4. Moreover such a direction to register FIR cannot be given at the instance of the petitioner on the basis of his own self serving averments without due verification of the

allegations. It appears that the petitioner is one of the unsuccessful candidates not being selected and therefore, it is all the more reason that at the instance of disgruntled person, the direction sought, cannot be granted by this court. In any event, this court finds that the prayer as it is, is misconceived and cannot be entertained by the Writ Court.

5. Therefore, the Writ Petition is not maintainable and hence dismissed. No costs.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar nvsri To

1. The Principal Secretary to Government Department of Home, Prohibition and Excise Fort St.George, Chennai-600 009

2. The Secretary to Government Tamil Development and Information and Public Relation Department, Fort St.George, Chennai-600 009

3. The Director, Information and Public Relation Department Government of Tamil Nadu, Fort St.George Chennai-600 009

4. Directorate of Vigilance and Anti Corruption Rep. By its Director, 293, M.K.N.Road Alanthur, Chennai-600 016

5. The Principal(in-charge) MGR Government Film and Television Training Institute, Chennai.

W.P.7913 of 2020 SR(CO) KKV/08/07/2020