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Madras High CourtCRL OP/18089/2019closed

D.Ashok Kumar v. The Director

2019-07-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE JAGADISH CHANDIRA Crl.O.P.No.18089 of 2019 D. Ashok Kumar ... Petitioner vs.

1. The Director, Vigilance and Anti-Corruption, No.293, M.K.N. Salai, Alandur, Chennai - 600 016

2. The Inspector of Police, Vigilance and Anti-Corruption, Tiruvallur ... Respondents Criminal Original Petition filed under Section 482 of Criminal Procedure Code directing the respondents to register the complaint dated 30.11.2018 made by the petitioner to the respondents For Petitioner :

Ms.K.P. Praveena For respondents :

Mr.K. Prabakar Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register the complaint dated 30.11.2018 made by the petitioner within the time frame as fixed by this Court.

2.

The learned counsel for the petitioner would submit that the petitioner is a practicing Advocate before this Court and that he had given the complaint against one Mr.Sathish, Village Administrative Officer of Veeraragavapuram (B) of Tiruvallur District with regard to the illegal activities done by him by adopting illegal methods. The learned counsel would further submit that he has given complaint on 30.11.2018 and since no action has been taken by the respondents, he has filed the present petition, seeking for the above relief.

3.

The learned counsel would further submit that the allegations are in respect of having received tax in respect of Survey Nos.25/10 and 125/3 in Puliyangunda Village from ineligible persons and the other one is that he had received Rs.3,000/- from each person, who have been allotted house sites in Village Natham.

4.

The respondents have filed Status Report, wherein, in Paragraphs 5, 8 and 9, it is stated as follows:

"(5) I humbly submit that first allegation against Tr.Sathish is, he has issued receipt without necessary entry in B-Memo in receipt No.C-97271271. A receipt has been issued in Puliyangunda Village Survey No.12/31, 18/4 without B-Memo entry Receipt No.C-97-271251, 271252, 271253 has been issued in Puliyangunda Village Survey No.25/10, 125/3 without B-Memo entry on 20.02.2018, in which W.P.No.

25288/2017, Cont.No.180/2018 was pending against the then Tirutani RDO Tr.Jayaraman in which a enquiry was made by him on 21.02.2018. In this connection enquiry was conducted with the concern Revenue Inspector Tmt.Suganya in which she has given a statement that the above fine receipt must not be given to the person who are not issued with B-Memo. But Tr.Sathish, VAO has collected the fine amount and paid to the Government in the receipt those who are enjoying the desolate Government lands without BMemo entry. 8.

I humbly submit that, the petitioner had stated that VAO Tr.Sathish had received Rs.3000/- from three persons from Venugopalapuram village to issue patta. Enquiring the three persons, 1.B.K. Srinivasan, M/a 46, S/o Krishna Reddy, East Street, Ramalingapuram village, Athipattu Post, Thiruthani Taluk, Thiruvallur District, 2. D. Raja @ Rajivganthi, M/a 37, S/o K.C.

Dhasarathan D.No.2/27B, Ramalingapuram Village, Athipattu Post, Thiruthani Taluk, Thiruvallur District 3. D. Duraibabu, M/a 39, S/o R.C. Dhasarathan, D.No.2/27A, Ramalingapuram Village,

Athipattu Post, Thiruthani Taluk, Thiruvallur District. But on enquiry they have stated that they did not give any money to the VAO Tr.Sathish.

9. I humbly submit that, the petitioner is an Advocate and his client Tr.Muthukrishna, S/o Ella Reddy, Pullangunda Village, Veeraraghavapuram P.O., Tirutani Taluk, Thiruvallur District, approached the then Tirutani RDO and submitted a petition to change the survey No.25/10 and 125/3 of Veeraraghavapuram-B Village to convert as Patta to his name. RDO made an enquiry on the survey No.25/10 and concluded that B-Memo is registered in the name of Tr.Arumugam and now it is under the enjoyment of Tmt.Jayalakshmi, W/o Tr.Guruvaiyaa for more than 20 years and on the enquiry of Survey No.125/3, B-Memo is registered in the name Tr.Baskaran and now it is under the enjoyment of Tmt.Malleswari, W/o Thirupal Reddy and Tr.Venkatesan, S/o Pappy Reddy for more than 20 years. Hence, Tr.Munikrishnan petition was ordered to be rejected Via in Proceedings of RDO Trirutani in e.f.m/2069/2017, ehs; 21.02.2018."

5.

The learned Additional Public Prosecutor would further submit that the respondent after conclusion of enquiry having found no prima facie case as against the said Sathish have not taken any further action based on the complaint of the petitioner.

6.

Recording the above, the Criminal Original Petition is closed, granting liberty to the petitioner to take steps in accordance with law.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sr

To,

1. The Director, Vigilance and Anti-Corruption, No.293, M.K.N. Salai, Alandur, Chennai - 600 016

2. The Inspector of Police, Vigilance and Anti-Corruption, Tiruvallur 3.The Public Prosecutor, High Court, Madras - 104. Crl.O.P.No.18089 of 2019 A.SK(19/08/2019)