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Madras High Court/1249/2025disposed of

S.M.Manivannan v. The Assistant Director

2025-11-127 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-11-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. S.M.Manivannan, S/o. Late Muthusamy, Door No.15/161, Mudis Post, Valparai Taluk, Coimbatore District-642 117.

Petitioner(s) Vs

1. The Assistant Director, Department of Vigilance and Anti Corruption, Kavundampalayam, Coimbatore.

2.The Commissioner, Valaparai Municipality Office, Valparai Town Post, Coimbatore District-642117.

3.The Chairman, Valaparai Municipality Office, Valparai Town Post, Coimbatore District-642 117.

Respondent(s) PRAYER This petition has been filed seeking for issuance of a Mandamus, to direct the respondents 1 and 2 to take appropriate action on the petitioner's complaint dated 20.08.2025 on merits and in accordance with law within a time stipulated by this

Court.

For Petitioner(s):

Mr.T.P. Prabakaran For Respondent(s):

M/s. Leonard Arul Joseph Selvam,Additional Public Prosecutor for R1

ORDER

This petition filed seeking issuance of a Mandamus, to direct the respondents 1 and 2 to take appropriate action on the petitioner's complaint dated 20.08.2025 on merits and in accordance with law within a time stipulated by this Court.

2.According to the petitioner, he sent a complaint to the ADSP, Coimbatore on 20.08.2025. Prior to it, on 11.08.2025, he sent a complaint to the Assistant Commissioner, Valparai Municipality. However, both the officials not taken any action, hence, the present petition.

3.On perusal of the complaint, it is seen over a period of time, the funds of the Municipality misappropriated. Further, the municipal officials, are hand in glove with private estate owners, who have encroached Government lands, running resorts, tea estate, etc, by violating the conditional order. Though, several irregularities pointing to violation of procedure and Rules no action

taken. The Municipal President and the Municipal authorities unable to give any proper reply. The Municipal President's husband, who is a political functionary of the ruling party, is influencing the authorities and others and committed misappropriation. Since no action taken, the present petition has been filed. 4.The learned Additional Public Prosecutor filed a status report, wherein, in paragraph no.6, it is stated as under:

6. I respectfully submit that, after receipt of the petition sent by the petitioner to the Directorate of Vigilance and AntiCorruption, Chennai separate Petition number 11028/2025/LB/CB, Dt.02.09.2025 was assigned and Factual Verification was done as per the guidelines in G.O.(Ms). No. 173, P and AR (N) department, dated 19.12.2018. During the course of factual verification it was ascertained that the petition of the petitioner was only relating to the Audit para, of the inspection report submitted by the Additional Director of Municipal Administration to the Director of Municipal Administration with respect to the inspection of the works carried out in Valparai municipality and wherein the following violation and malpractices was remarked in the Inspection report dated 27.05.2025.

(i) During the period of 2019-2020 an amount of Rs.16.2 Crore was disbursed as advance to the officials of Valparai Municipality.

(ii) In the year 2020-2021 as much as 42-works to the estimation of Rs. 1.9 Crores was carried out without any prior permission and approval of Municipality.

(iii) During the period of 2020-2021 an amount of Rs.35 Lakhs was given as advance to the sanitary Inspectors. Similarly an amount of Rs. 16 Crores was given as advance to the contractors with the violation of existing procedures. (iv) During the year of 2020-2021 as much as 42 Municipality works were carried out at the estimation of 3.38 Crores without the permission/approval of Director of Municipal Corporation. Similarly, during the year of 2020-2021, 10 works were carried out to the estimation of Rs.65.7 Lakhs and carried out 52 works at the estimation of Rs.3.07 Crores with procedure lapses. (v) During the year 2022-2023 as much as 41-works to the estimation of Rs.4.25 Lakhs was carried out without any prior permission and approval of Municipality.

(vi) During the year 2023-2024 as much as 135-works to the estimation of Rs.15.4 Crores was carried out without any prior permission and approval of Municipality.

(vii) In the year 2024-2025, 6-works to the estimation of Rs.1.9 Crores was carried out without any prior permission and approval of Municipality."

5.He further submitted that the petitioner's complaint now forwarded to the Director, Municipal Administration, MRC Nagar on 07.11.2025 and after

receiving the report from the Director of Municipal Administration, appropriate action will be taken.

6.In view of the above, this Court directs the Director of Municipal Administration to consider the inspection report dated 27.05.2025 and also the complaint of the petitioner along with other materials and take necessary action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order . The outcome of the enquiry by the Director of Municipal Administration shall be forwarded to the Director of Vigilance and Anti Corruption and to the petitioner. Thereafter, the officials are directed to take appropriate action as per the enquiry report of the Director of Municipal Administration.

7. The Writ Petition is disposed of accordingly. No costs. 12-11-2025 dn Index:Yes/No

To 1.The Assistant Director Department of Vigilance and Anti Corruption, Kavundampalayam, Coimbatore.

2.The Commissioner, Valaparai Municipality Office, Valparai Town Post, Coimbatore District-642117.

3.The Chairman Valaparai Municipality Office, Valparai Town Post, Coimbatore District-642117.

M.NIRMAL KUMAR, J.

Dn 12-11-2025