Ayyakannu v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Crl.O.P No.27325 of 2015 Ayyakannu .. Petitioner Vs.

The Deputy Superintendent of Police Vigilance and Anti Corruption Department Kadampadi, Nagapattinam Nagapattinam District .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Respondent to register the complaint sent by the petitioner to the Respondent Police on 01.10.2015. For Petitioner : Mrs.Greetha Senthilkumar For Respondent : Mr.P.Govindarajan Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed under section 482 of Code of Criminal Procedure, 1973 praying to direct the respondent to register the complaint dated 1.10.2015 alleged to have been given by the petitioner.

2. The learned counsel appearing for the petitioner has contended that with regard to tank of a temple situates in Vedaranyam, an auction has been conducted, wherein the petitioner and others have attempted to participate, but the concerned Executive Officer and also Inspector of Police have deterred them and further auction has been concluded for a meagre amount. The concerned Executive Officer as well as Inspector of Police have received huge amounts by way of bribe from such person, in whose favour auction has been given. Under such circumstances, the complaint in question has been given on 1.10.2015, but the same has not been registered and therefore for getting proper relief, the present petition has been filed.

3. On the basis of the contentions put forth on the side of the petitioner, this Court has perused the entire averments made in the complaint, wherein it has been simply stated that https://hcservices.ecourts.gov.in/hcservices/

an auction has been conducted in respect of a temple tank with regard to fishing rights and for conducting auction, both the concerned Executive Officer as well as Inspector of Police have received huge amounts by way of bribe.

4. Considering the nature of averments made in the petition, this Court is of the considered view that no cognizable offence is made out and at the most, the petitioner can approach higher authorities or Civil Court for cancelling the auction in question. Under such circumstances, the respondent cannot be directed to look into the complaint dated 1.10.2015 and altogether, the present Criminal Original Petition deserves to be dismissed.

In fine, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ajr To

1. The Deputy Superintendent of Police Vigilance and Anti Corruption Department Kadampadi, Nagapattinam Nagapattinam District

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Public Prosecutor, SR.61338 Crl.O.P No.27325 of 2015 VGI(CO) EU 19.11.15 https://hcservices.ecourts.gov.in/hcservices/