Anbazhagan v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2016

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.3654 of 2016 Anbazhagan ... Petitioner Vs.

1. The Director, Vigilance and Anti-corruption Department, Chennai.

2. The Deputy Superintendent of Police, Vigilance and Anti-corruption Wing, Cuddalore, Cuddalore District.

... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the respondents to register the complaint of the petitioner dated 15.02.2016 and investigate the same in accordance with law.

For Petitioner : Mr.M.Velmurugan For Respondent : P.Govindarajan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner praying to direct the respondents to register the complaint dated 15.02.2016 given by the petitioner and to investigate the same in accordance with law.

2.It is stated by the petitioner that the petitioner is residing in Neivasal Village in Thittakudi Taluk, Cuddalore District and that one Ravichandran, Tahsildar at Thittagudi , demanded a sum of Rs.5,000/- as bribe, from the petitioner and his brothers, for not laying road on their land. Hence, the petitioner has lodged the complaint dated 15.02.2016. Since no action was taken on the petitioner's complaint, the petitioner has come forward with the present petition before this Court.

3.The respondents filed a detailed counter, stating that on 13.02.2016, the Tahsildar, Thittakudi Taluk, Cuddalore District proposed to lay road to the burial ground via petitioner's land. It is the allegation of the petitioner that the Tahsildar Ravichandran demanded Rs.5,000/- from each members of the petitioner's family, for not laying road to burial ground via petitioner's land. The complaint dated 15.02.2016 sent by the petitioner was received by the Directorate of Vigilance and Anti-Corruption, Chennai, on 16.02.2016. As the allegation in the complaint substantially relates to the laying of road to burial ground, complaint was forwarded to the District Collector, Cuddalore vide Ref.No.1553/2016/REV/CL dated 25.02.2016. The District Collector ordered for an enquiry by the Revenue Divisional Officer and accordingly, after conducting the enquiry, the Revenue Divisional Officer submitted his report on 12.03.2016 and the same was endorsed by the District Collector, Cuddalore, viz., C.No.A2/2322/2016 dated 14.03.2016.

According to the Enquiry Report, the road was laid only on the acquired land and not in the petitioner's land; that the petitioner has raised his objection to lay road on the acquired land for the past two years; that the Tahsildar surveyed the acquired land and laid road in the presence of Police officials and village people. In the counter it is further stated that the petitioner, taking grudge on the Tahsildar, keeps on sending vexatious and frivolous complaints against him. In fact, the petitioner herein is involved in two criminal cases pertaining to the same issue. Thus, the respondents sought for dismissal of the petition. 4.Heard both sides and perused the materials available on record.

5.Considering the factual aspects, I find that already a detailed enquiry was conducted by the Revenue Divisional Officer and he submitted his report stating that the road has been laid on the acquired land and not on the petitioner's land. No substantial proof has been produced on the side of the petitioner, warranting this Court to give direction to the respondents. Hence, accepting the statements made in the counter filed on the side of the respondents, this criminal original petition is ordered to be closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssv

To

1. The Director, Vigilance and Anti-corruption Department, Chennai.

2. The Deputy Superintendent of Police, Vigilance and Anti-corruption Wing, Cuddalore, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Velmurugan, Advocate, S.R.No.33079 Crl.O.P.No.3654 of 2016 BVR(CO) CA(23/06/2016)