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Madras High CourtWP/11822/2019disposed of

P.Gopinathan v. The Director,

2019-04-29Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.11822 of 2019 P.Gopinathan .. Petitioner Vs 1.The Director Vigilance and Anti-Corruption No.293, MKN Road Alandur, Chennai - 600 016.

2.The District Collector Salem District, Salem.

3.The Block Development Officer(Block Panchayat) Kolathur, Salem District.

4.The Block Development Officer (Village Panchayat) Kolathur Salem District.

5.R.Pushparaj 6.R.Sugavanam 7.N.Jayaraman 8.M.C.M. & Co 9.K.C.Ramu .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to take action on the petitioner's representation dated 06.08.2018 in accordance with law.

For Petitioner : Mr.K.Elangoo For Respondents: Mr.K.Prabakar Additional Government Pleader for R1

O R D E R

The writ petition has been filed, seeking to issue a writ of mandamus directing the 1st respondent to take action on the petitioner's representation dated 06.08.2018, in accordance with law.

2.The learned counsel for the petitioner would submit that he had sent a representation dated 06.08.2018, to the Director, Vigilance and Anti-Corruption, Chennai, seeking to take action against the respondents 5 to 9 and since no action had been taken so far, he had approached this Court by way of this writ petition.

3.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that the representation of the petitioner dated 06.08.2018 was received by the 1st respondent on 08.08.2018. On perusal of the complaint it was found that the allegations mentioned in the representation were general in nature, requiring verification of documents by the concerned department. As per the instructions issued in the Government memo No.1356/64/2, Public (Services-B) dated 08.04.1964 and incorporated in Para 10(3) of the Manual of the DVAC, considering the fact that the petition did not disclose any specific offences under the Prevention of Corruption Act, 1988, the respondent had forwarded the representation to the competent authority, viz.

, the Director, Rural Development and Panchayat Raj Department, Chennai - 600 015, to take necessary action. He would further submit that since the allegations were general in nature, the Directorate has also not caused any enquiry into the contents of the petition and the decision not to cause any enquiry had been communicated to the competent authority and to the petitioner vide communication No.7951/2018/MISC/SL dated 16.08.2018. Thereby the learned Additional Public Prosecutor would submit that the petitioner's representation has been considered in accordance with law.

4.In view of the same, without expressing any opinion with regard to the correctness or claim made in the representation, this Court disposes the writ petition, granting liberty to the petitioner to proceed in accordance with law. Jer Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar To 1.The Director Vigilance and Anti-Corruption No.293, MKN Road Alandur, Chennai - 600 016.

2.The District Collector Salem District.

Salem.

3.The Public Prosecutor High Court of Madras.

4. The Block Development, Kolathur Officer (Block Panchayat), Salem District.

5. The Block Development Officer (Village Panchayat), Kolathur, Salem.

+1cc to Mr.K.Elangoo, Advocate, S.R.No. 41617 W.P.No.11822 of 2019 SJ(CO) GN(22/05/2019)