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Madras High CourtWP/33900/2019disposed of

R.Asupathy v. State Of Tamil Nadu,

2019-12-04Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.No. 33900 of 2019 R.Asupathy

...Petitioner

-Vs1.State of Tamil Nadu Rep.by its Secretary Forest Department Fort St. George, Chennai 600 009.

2.The Managing Director Tamil Nadu Forest Plantation Corporation Ltd., Karur Road, Mallachipuram, kambarasampettai.

3.Superintendent of Police Cuddalore, Cuddalore District.

4.The Inspector of Police Virudhachalam Police Station Virudhachalam, Cuddalore District.

5.The Regional Manager Tamil Nadu Forest Plantation Corporation Virudhachalam Region, Vriudhachalam.

6.A.Gurusamy 7.R.Balamurugan 8.R.PaneerSelvam ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the respondents to take action on the petitioner's complaint in C.S.R.No.213 of 2017 dated 30.07.2017 on the file of the fourth respondent against the respondents 6 to 8 who have stolen Rs.6,00,000/- (six lakhs only) and recover the same and also directing the respondents 1 and 2 initiate departmental action against the culprits for stealing the money belonging to the Tamil Nadu Forest Plantation Corporation. For Petitioner : Mr.J.Antony Jesus For respondents : Mr.M.Mohamed Riyaz for R1, R3 and R4 Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the respondents to take action on the petitioner's complaint in C.S.R.No.213 of 2017 dated 30.07.2017 on the file of the fourth respondent against the respondents 6 to 8 who have stolen Rs.6,00,000/- (six lakhs only) and recover the same and also directing the respondents 1 and 2 initiate departmental action against the culprits for stealing the money belonging to the Tamil Nadu Forest Plantation Corporation.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

3. Though in this writ petition, the petitioner has asked a prayer to direct the respondents to take action on his complaint in C.S.R.No.213 of 2017, virtually he asked to direct the fourth respondent to register an FIR based on his complaint. The petitioner has not followed the directions issued by the Hon'ble Division Bench of this Court in Crl.OP (MD)No.13681 of 2018 and a batch of cases, dated 20.09.2018. Hence, this Court cannot entertain this writ petition to direct the respondent police to register FIR. The other relief asked in this petition is only a consequential relief and hence the said relief also cannot be granted in this petition. It is open to the petitioner to workout his remedy as per the directions given by the Hon'ble Division Bench.

4. With the above direction, this Writ Petition is disposed of.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar dna To 1.The Secretary Forest Department Fort St. George, Chennai 600 009.

2.The Managing Director Tamil Nadu Forest Plantation Corporation Ltd., Karur Road, Mallachipuram, kambarasampettai.

3.The Superintendent of Police Cuddalore, Cuddalore District.

4.The Inspector of Police Virudhachalam Police Station Virudhachalam, Cuddalore District.

5.The Regional Manager Tamil Nadu Forest Plantation Corporation Virudhachalam Region, Vriudhachalam.

+1cc to Mr.J.Antony Jesus, Advocate, S.R.No. 101529 W.P.No.33900 of 2019 BS(CO) GN(30/01/2020)