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Madras High CourtWP/20450/2021disposed of

D.Ashok Kumar v. The Director

2021-12-14Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.20450 of 2021 (Public Interest Litigation) (Converted from Crl.Op.No.19115 of 2019 vide order dated 17.09.2021) D.ASHOK KUMAR .. Petitioner Vs 1 THE DIRECTOR VIGILANCE AND ANTI-CORRUPTION NO.293, MKN ROAD, COLLECTORS NAGAR CHENNAI-600 016.

2 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU HOME DEPARTMENT SECRETARIAT CHENNAI - 600 009.

3 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU HIGHER EDUCATION DEPARTMENT SECRETARIAT, FORT.ST.GEORGE, CHENNAI - 600 009.

4 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF ADI-DRAVIDAR AND TRIBAL WELFARE SECRETARIAT CHENNAI - 600 009.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1

to 4 to take action against the persons who involved in the large misappropriation of funds allotted to the SC/ ST students and to cancel the recognition of the colleges who involved in the irregularities committed by them and direct the 1st respondents to register the FIR against the persons who involved in the large misappropriation of funds.

For the Petitioner : Mr.S.Sathia Chandran For the Respondents : Mrs.R.Anitha Special Government Pleader for respondents 2 to 4 : Mr.N.Damodharan for Mr.J.C.Durai Raj for 1st respondent

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition was filed to seek a direction for appropriate action against the persons who involved in the large misappropriation of funds allotted to SC/ST students and to cancel the recognition of the colleges which involved in the irregularities.

2. An affidavit to the writ petition has been filed stating that after the grant of approval, an FIR has already been registered. In view of the above, nothing survives because pursuant to the FIR, the investigation would be conducted for the offence for which the FIR was registered.

3. In view of the above, the writ petition seeking direction for action in the matter of corruption has become infructuous. However, this writ petition is disposed of with a direction to the respondents to expedite the investigation pursuant to the FIR. In case of delay, the petitioner would be at liberty to take appropriate remedy in the manner known to law. There will be no order as to costs.

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

Bbr To:

1 THE DIRECTOR VIGILANCE AND ANTI-CORRUPTION NO.293, MKN ROAD, COLLECTORS NAGAR CHENNAI-600 016.

2 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU HOME DEPARTMENT SECRETARIAT CHENNAI - 600 009.

3 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU HIGHER EDUCATION DEPARTMENT SECRETARIAT CHENNAI - 600 009.

4 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF ADI-DRAVIDAR AND TRIBAL WELFARE SECRETARIAT CHENNAI - 600 009.

+1cc to Mr.S.Sathiachandran, Advocate SR.No.66794 W.P.No.20450 of 2021 KSM(CO) GN(22/12/2021)