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Madras High CourtWP/13757/2024disposed of

C.Karthikeyan v. The District Collector / Inspector Of Panchayats

2025-02-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.Karthikeyan ... Petitioner Vs.

1. The District Collector/ Inspector of Panchayats, Tiruppur District Collectorate, Tiruppur - 641 601.

2. The Deputy Superintendent of Police, The District Vigilance and Anti-Corruption, Tiruppur District.

3. The Superintendent of Police, Tiruppur District.

4. The Deputy Superintendent of Police, Udumalaipettai, Tiruppur District.

5. D.Soundhara Rajan President, Bodipatti Village Panchayat, Udumalaipettai Panchayat Union, Tiruppur District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to register First Information Report against the fifth respondent and to

investigate the offences as against the fifth respondent and in accordance with law within the stipulated time period as may be fixed by this Court. For Petitioner : Mr.R.Balaramesh For Respondents For R1 : Mr.P.Balathandayutham Special Government Pleader For R2 to R4 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) For R5 : Mr.S.Balamurugan

ORDER

This writ petition has been filed for direction directing the second respondent to register First Information Report against the fifth respondent and to investigate the offences as against the fifth respondent and in accordance with law within the stipulated time period as may be fixed by this Court.

2.

It is seen from the records that this Court by an order dated 02.07.2024 recorded that on behalf of the second respondent, the Inspector of Police, Vigilance and Anti-corruption, Tiruppur has filed a status report, wherein, it is reported that lay out at R.V.Nagar and Saravana Garden were enquired and found no violation. When there is a specific allegation of violation in lay out promoted in the name of Tirumalai Nagar and about 16,176 sq.ft., of land settled in favour of the

Panchayat to be sold out to the individuals made out, the second respondent has not even probed into the complaint. Therefore, this Court directed the second respondent to conduct preliminary enquiry and file final report.

3.

In view of the above facts and circumstances, the second respondent is directed to conduct enqiury on the specific allegation made in the complaint lodged by the petitioner and dispose the same within a period of eight weeks from the date of receipt of a copy of this Order. It is made clear that if any cognizable offence is made out, the second respondent is directed to register the FIR as against the accused persons and proceed further in accordance with law.

4.

With the above directions, the Writ Petition stands disposed of . There shall be no order as to costs.

28.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The District Collector/ Inspector of Panchayats, Tiruppur District Collectorate, Tiruppur - 641 601.

2. The Deputy Superintendent of Police, The District Vigilance and Anti-Corruption, Tiruppur District.

3. The Superintendent of Police, Tiruppur District.

4. The Deputy Superintendent of Police, Udumalaipettai, Tiruppur District.

5. The President, Bodipatti Village Panchayat, Udumalaipettai Panchayat Union, Tiruppur District.

5. The Public Prosecutor, Madras High Court, Chennai.

28.02.2025