S.Krishnasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.8399 of 2016 S.Krishnasamy

...Petitioner

Vs.

The Inspector, Vigilance and Anti Corruption Department, 11/332, Cross Cut Road, (Shivansali Building Opposite), Gandhipuram, Coimbatore-12.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the respondent police to investigate the matter based on the complaint given by the petitioner dated 23.11.2015 and enquire the said P.Sundaramoorthy and register a case against P.Sundaramoorthy. For Petitioner :

Mr.V.Prabhu For Respondent :

Mr.P.Govindarajan, Addl. Public Prosecutor.

ORDER

The present criminal original petition has been filed seeking a direction to the respondent police to investigate the matter based on the complaint given by the petitioner dated 23.11.2015 and enquire one P.Sundaramoorthy and register a case against him.

2. It is the case of the petitioner that he is residing at No.1/448, Kuppandthottam, Muthalipalayam, Arasur (Post), Sulur Taluk, Coimbatore, for nearly three decades with his family. One P.Sundaramoorthy is the president of Muthugoundanpudur Panchayat for nearly ten years. During his

tenure as President of Muthugoundanpudur Panchayat, the said P.Sundaramoorthy had indulged in all kinds of illegal activities and amassed wealth through unknown sources. Further, by misusing his powers, he has granted approval to construct a building in S.F.No.156/2 in favour of one Parimaladevi. It is the further case of the petitioner that by misusing his power, the said P.Sundaramoorthy has purchased a large extent of land measuring to an extent 30 acres in Nellampur Village. Thus, as a public servant, by misusing the post of Panchayat President, the said P.Sundaramoorthy has acquired huge wealth through unknown sources. In this regard, the petitioner has given a complaint dated 23.11.2015 to the respondent police requesting him to take action against the said P.Sundaramoorthy.

Though the said complaint was received by the respondent on 28.11.2015, till date, no action was taken as against the said P.Sundaramoorthy. Hence, left with no other alternative, the petitioner has come up with the present petition seeking a direction to respondent to investigate the complaint given by the petitioner dated 23.11.2015 and enquire the said P.Sundaramoorthy and register a case against him.

3. The respondent has filed a status report, wherein it has been stated that the petition given by the petitioner was forwarded to the Director, Vigilance and Anti Corruption, Chennai, on 30.11.2015, who in turn, issued an order to register a preliminary enquiry. On receipt of the said order, a preliminary enquiry was registered on 17.12.2015 vide No.PE.474/2015/RDP/HQ and the same is under investigation.

4. In view of the said statement made in the status report, this Court directs the respondent to conduct an enquiry in No.PE.474/2015/RDP/HQ and during the course of enquiry, if materials are gathered indicating commission of any cognizable offence as against the said P.Sundaramoorthy, then the respondent is directed to proceed further in accordance with law, as early as possible. The criminal original petition is disposed of accordingly.

sbi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To The Inspector, Vigilance and Anti Corruption Department, 11/332, Cross Cut Road, (Shivansali Building Opposite), Gandhipuram, Coimbatore-12.

+1 CC to Mr.V.Prabhu, Advocate SR.No.31639 +1 CC to the Government Pleader, SR.No.31097 KR/24/6/16 Crl.O.P.No.8399 of 2016