V.S.Kalidasan, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ V.S.Kalidasan .. Petitioner Vs 1 The Government of Tamilnadu Rep. by its Secretary to Government Rural Development Department Secretariat, Fort St.George Chennai - 600 009.
2 The Director of Rural Development Kuralagam, Chennai - 600 108.
3 The District Collector Nagapattinam District 4 The Commissoner Vedaranyam Panchayat 5 The Block Development Officer Vedaranyam Panchayat
6 C.Vedaiyen Ex-President Thanikottagam 7 The Deputy Superintendent of Police Anti Corruption & Vigilance .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to take appropriate legal action against the irregularities and defalcation committed in implementation of Employment Assurance Scheme Works in the name of desilting and strengthening the banks of Vanakottagam Lake, Thanikottagam, Vedaranyam Taluk, Nagapattinam District by the 6th respondent by considering the representation submitted by the petitioner dated 26.07.2018 within a stipulated time.
For the Petitioner : No representation For the Respondents : Mr.A.Edwin Prabakar State Government Pleader : Mr.M.Habeeb Rahman Government Advocate for 5th respondent : Mr.R.Muniyapparaj Addl Public Prosecutor for 7th respondent
: No appearance for 6th respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) There is no representation on behalf of the petitioner. Heard Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 4; Mr.M.Habeeb Rahman, learned Government Advocate for the fifth respondent; and Mr.R.Muniyapparaja, learned Additional Public Prosecutor for the seventh respondent.
2. Pointing out the irregularities and defalcation of public funds committed by the sixth respondent in the implementation of the Employment Assurance Scheme Works, the petitioner sent a representation to the respondent authorities on 26.7.2018. As the said representation did not educe any response, the petitioner has filed this writ petition.
3. When the matter was taken up for hearing, Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing
on behalf of the seventh respondent, placed on record a communication received from the Inspector of Police, Vigilance and Anti-Corruption, Nagapattinam, wherein it is stated that the sixth respondent, against whom allegation of embezzlement of public funds is levelled, expired on 9.1.2021. It is further stated that, in the enquiry initiated pursuant to the representation of the petitioner dated 26.7.2018, 129 witnesses were examined and the allegations levelled by the petitioner were not substantiated. The Directorate of Vigilance and Anti-Corruption concluded the enquiry and sent a final report on 29.12.2023 to the Vigilance Commissioner, Chennai, recommending to drop further action. The Vigilance Commission, Chennai, vide proceedings dated 7.2.2024, recommended to drop further action against the officials of the Vedharaniyam Panchayat Union, Nagapattinam District.
4. In view of the above, nothing survives for adjudication in the writ petition. The writ petition is disposed of accordingly. The petitioner is at liberty to approach the competent authority with regard to any other grievance, if he is so advised. There shall be no
order as to costs. Consequently, W.M.P.No.28540 of 2018 is closed. (R.M.D., ACJ.) (M.S.Q., J.) 10.06.2024 Index :
Yes/No NC :
Yes/No sasi To:
1 The Secretary to Government Government of Tamilnadu Rural Development Department Secretariat, Fort St.George Chennai - 600 009.
2 The Director of Rural Development Kuralagam, Chennai - 600 108.
3 The District Collector Nagapattinam District 4 The Commissoner Vedaranyam Panchayat 5 The Block Development Officer Vedaranyam Panchayat 6 The Deputy Superintendent of Police Anti Corruption & Vigilance
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 10.06.2024