K.Balasubramanian v. The Chief Vigilance Officer Cum Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 19.06.2019

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.14859/2019 K.Balasubramanian .. Petitioner Vs

1. The State rep.by Chief Vigilance Officer-cum-Chief Secretary Chief Secretariat, Beach Road, Puducherry.

2. The Central Vigilance Commissioner Central Vigilance COmmission, Satarkata Bhavan, A-Block, GPO Complex INA, New Delhi-110023.

..Respondents Prayer:- Petition filed under section 482 Cr.P.C., to issue a direction to the respondents to register cases based on the petitioner's complaint dated 08.04.2019 and also to initiate criminal proceedings against K.T.Alagiri.

For Petitioner :Mr.B.Vijaya Barathan For Respondents:Mr.A.Balamurugane, Additional Public Prosecutor [Puducherry]

ORDER

The above petition has been filed seeking to issue a direction to the respondent to register a case based on the complaint of the petitioner dated 08.04.2019 and also to initiate criminal proceedings against one Mr.K.T.Alagiri. The learned counsel for the petitioner would submit that one Mr.K.T.Alagiri, former Tahsildar at District Office in Saram, Puducherry, and presently, the General Manager, District Industries Centre, Puducherry, had by abusing his official power and in collusion with private persons, viz., one Pavadai, Ranganathan and Thangarasu @ Ayyanar, granted illegal patta to them in respect of the land belonging to the petitioner, who inherited the same by way of succession and that the above said persons, based on the illegal patta, had also fraudulently mutated the revenue records in their names. In respect of the above illegality, the petitioner had given a complaint dated 08.04.2019 to the respondents to register a case https://hcservices.ecourts.gov.in/hcservices/

and to initiate criminal proceedings against Mr.K.T.Alagiri. Since no action has been taken by the respondents, the petitioner had approached this Court, by filing the present petition seeking for the above said relief.

Mr.A.Balamurugane, learned Additional Public Prosecutor [Puducherry] appearing for the respondents 1 and 2 furnished the proceedings of the Under Secretary to Government, Government of Puducherry, Confidential and Cabinet Department, Chief Vigilance Office, dated 14.06.2019 in No.1643/4/A5/2019CVO and would submit that the complaint of the petitioner dated 08.04.2019, has been forwarded to the Secretary to Government, Revenue, Puducherry, for conducting an enquiry and to furnish a report in this regard at the earliest. Learned Public Prosecutor [Puducherry] would submit that further proceedings will be initiated, based on the report to be received from the Secretary to Government, Revenue, Puducherry, after completion of the enquiry.

I have considered the rival submissions and also perused the materials.

Taking into consideration the submission made by the learned Additional Public Prosecutor [Puducherry] that action has been initiated based on the complaint given by the petitioner, the present criminal original petition stands closed. -s/d- Deputy Registrar(J) True Copy Sub-Assistant Registrar To 1.The Chief Vigilance Officer-cum-Chief Secretary Chief Secretariat, Beach Road, Puducherry.

2.The Central Vigilance Commissioner Central Vigilance COmmission, Satarkata Bhavan, A-Block, GPO Complex INA, New Delhi-110023.

3.The Public Prosecutor Puducherry.

Crl.OP.No.14859/2019 PPA(CO) SP(15/07/2019) https://hcservices.ecourts.gov.in/hcservices/