S.Manoharan v. Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2023

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN Manoharan ... Petitioner Vs.

1.Director, Directorate of Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai-606 016.

2.Deputy Superintendent of Police, Vigilance and Anti-Corruption, Perambalur District, Perambalur.

3.Mr.Maharajan, Sub-Registrar Sub-Registrar Office, Perambalur.

4.Mangammal ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to conduct a preliminary enquiry into the allegation in 1/5

accordance with law by considering the representation of the petitioner dated 15.04.2023.

For Petitioner : Mr.M.Velmurugan For R1 to R3 : Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed seeking mandamus to direct the Deputy Superintendent of Police, Vigilance and Anti Corruption, Perambalur to conduct a preliminary enquiry into the allegations made by the writ petitioner vide representation dated 15.04.2023. 2.

On perusing the records and affidavit, this Court finds that the writ petitioner has made certain allegations in respect of a document registered on 26.08.2016, Perambalur Sub Registrar Office. The representation is made after 7 years of the alleged registration. The 2nd respondent, who has received the representation, had immediately forwarded the same to the Inspector General of Registration, Chennai vide his proceedings dated 28.04.2023 and he has also informed the petitioner about the action taken by him.

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3.

The 2nd respondent proceeded as per the guidelines issued by the Government and provisions stated in the DVAC manual. On receipt of the proceedings of the DVAC, the Inspector General of Registration, in turn, has appointed the District Registrar, Perambalur as the enquiry officer and directed to conduct enquiry, record the statement of the petitioner, other witnesses, collect the documents relevant to the complaint and forward his report within 15 days. The copy of the letter dated 12.06.2023 sent by the Inspector General of Registration to the District Registrar, Perambalur marked to the petitioner herein. 4.

In spite of the action taken by the 2nd respondent setting ball into motion requesting the Inspector General of Registration to conduct enquiry, who in turn, has appointed the District Registrar as enquiry officer, who has sent summon to the petitioner herein to participate the enquiry on frivolous ground, which is unfounded. The present writ petition is filed instead of participating in the enquiry proceedings initiated at the dehors of the petitioner herein. Therefore, this Court cannot be a party to delay the enquiry proceedings by entertaining this 3/5

writ petition, since the 2nd respondent has already set the ball into motion on 28.04.2023.

5.

Hence this Writ Petition stands dismissed.

13.07.2023 rpl To 1.The Director, Directorate of Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai-606 016.

2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Perambalur District, Perambalur.

3.Mr.Maharajan, Sub-Registrar Sub-Registrar Office, Perambalur.

4.The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN, J.

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