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Madras High CourtCRL OP/10257/2019closed

V.Anbazhagan v. Chief Secretary

2019-06-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2019

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10257 of 2019 V.Anbazhagan ... Petitioner /Vs/

1. Chief Secretary The Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2. Director of Vigilance and Anti-Corruption No.293, M.K.N.Road, Alandur, Chennai-600 016.

...Respondents

PRAYER: Criminal Original Petition filed under section 482 of Cr.P.C., to pass an order of Direction directing the 1st respondent to send the decision by virtue of petitioner's complaint dated 08.10.2018, to the 2nd respondent as per the Section 17(A) (1) of the Prevention of Corruption (Amendment) Act, 2018 within the stipulated time as fixed by this Court. For Petitioner : Mr.S.Kumara Devan For Respondents : Mr.A.Natarajan, PP Assisted by Mr.K.Prabakar, APP * * * * *

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 1st respondent to send the decision by virtue of petitioner's complaint dated 08.10.2018, to the 2nd respondent, as per Section 17(A)(1) of the Prevention of Corruption (Amendment) Act, 2018, within the stipulated time, as may be fixed by this Court.

2. Mr.S.Kumara Devan, learned counsel for the petitioner would submit that the petitioner has preferred a complaint dated 08.10.2018 to the second respondent with regard to the forgery committed by the authorities of the Public Works Department and by creating bogus M.Book and misusing the amount of Rs.15.67 Crores, which was allotted for restoration/renovation of the Narayanapuram Lake. He would further submit that the second respondent, by letter dated 23.10.2018, had informed the first respondent that the allegations in the said complaint, are https://hcservices.ecourts.gov.in/hcservices/

levelled against Thiru.O.Paneerselvam, Deputy Chief Minister of Tamil Nadu and the Chief Executive Engineer, Water Resources Department, Public Works Department, Chennai and that they have not caused any enquiry into the contents of the petitioner's complaint dated 08.10.2018 and have simply forwarded it to the first respondent for necessary action. He would further submit that despite the complaint being forwarded by the second respondent to the first respondent on 23.10.2018, no action has been taken so far, thereby, necessitating the petitioner to approach this Court seeking for a direction in this Crl.O.P.

3. Mr.A.Natarajan, learned Public Prosecutor appearing on behalf of the respondents would submit that the respondents have examined the complaint and finding that the allegations contained therein are false, fictitious and baseless, had not issued any direction for further course of action. He would further submit that the first respondent has also filed a counter affidavit stating that no action has been taken thereon, since the allegations are false, fictitious and baseless.

4. Recording the submissions of the learned Public Prosecutor and the counter affidavit, this Criminal Original Petition is dismissed, granting liberty to the petitioner to proceed in accordance with law.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar kv To

1. The Chief Secretary, The Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2. The Director of Vigilance and Anti-Corruption No.293, M.K.N.Road, Alandur, Chennai-600 016.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Kumara Devan, Advocate, S.R.No.47347 +1cc to Public Prosecutor, S.R.No.48735 Crl.O.P.No.10257 of 2019 VBA(CO) RRS(09/07/2019) https://hcservices.ecourts.gov.in/hcservices/