Madras High CourtWP/33211/2017closed

M.Manoharan, v. The Director,

2019-11-18Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P. 33211 of 2017 N.Manoharan ... Petitioner Vs

1. The Director, Directorate of Vigilance and Anti Corruption, 293, MKN Salai, Alanthur, Chennai-16.

2. The Deputy Superintendent of Police, Vigilance & Anti Corruption, Kadampadi, Nagapattinam, Nagapattinam District.

3. The Principal Secretary to Government, Home Department, Fort St. George, Secretariat, Chennai-600 009.

4. The Vigilance Commissioner, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-600 009.

5. The Principal Secretary to Government, Revenue Department, Fort St. George, Secretariat, Chennai-600 009.

6. The Principal Secretary/ Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

7. The District Collector, Collectorate, Nagapattinam, Nagapattinam Dt.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus,

directing the 1st respondent to communicate the report of the petitioner's name deleted from the accused, in the Hon'ble High Court without producing report and orally informed by the 2nd respondent in Contempt Petition No.1098/2011, dated 28.07.2011 to the petitioner and to the respondents 2 to 7. For Petitioner : Ms.D.Malarvizhi For Respondents : Mr.R.Govindasamy, Special Govt. Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the 1st respondent to give the copy of final report filed in Crime No.7/2009.

2. The grievance of the petitioner is that, a F.I.R. has been registered against him and against one J.Panjanathan under Sec.7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act. Subsequently, the petitioner came to know that, while filing the final report, the 2nd respondent has deleted the petitioner's name, and the final report has been filed only against J.Panjanathan.

However, pending criminal investigation, the petitioner was suspended from service. In the above circumstances, the petitioner has sought for copy of the final report filed by the 2nd respondent.

3. Today, when the matter taken up for hearing, the learned Special Government Pleader appearing for the respondents, on instructions, submitted that, even though the petitioner's name was found place in the F.I.R., in the final report filed by the 2nd respondent on 16.08.2011, the petitioner's name was deleted, and the final report has been filed only against one J.Panjanathan. Thereafter, he was convicted, and an appeal filed by him was also dismissed. The learned counsel has produced the copy of the final report before this Court, and he has also furnished the copy of final report to the petitioner.

4. Considering the fact that, as the petitioner name has been deleted in the final report, and the copy of the final report was also furnished to the petitioner, no further adjudication is required in this Writ Petition. Accordingly, this Writ Petition stands closed. No costs.

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