P.S. Manoharan v. The Registrar General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN P.S.Manoharan ... Petitioner Vs.
1.The Registrar General, Madras High Court, Chennai-104.
2.The Joint Director, The Central Bureau of Investigation, Sasthri Bhavan, Chennai.
3.The Inspector General of Police, South Zone, Madurai.
4.The Revenue Divisional Officer, Madurai (Land Acquisition), Madurai.
5.The Land Acquisition Officer & The Special Tahsildar (L.A), Ring Road Scheme, Madurai District, Madurai.
6.K.B.Venkatesh 1/7
7.The Deputy Inspector General of Police, CB CID, Crime Branch CID No.3, SIDCO Electronic Complex, I Floor, Guindy, Chennai-600 032.
8.The Deputy Superintendent of Police, CB CID Madurai.
...Respondents
R6 is impleaded vide Court order dated 20.03.2017 in M.P.(MD)No.1 of 2014) (R7 & R8 are suo motu impleaded vide Court order dated 03.08.2023) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to appoint a judicial officer in the cadre of District Judge to conduct an enquiry into the land acquisitions scam with specific reference to the acquisition of lands in Survey Nos.29/11A and 32/1B at Puliankulam Village in Madurai District subject matter of the award in L.A.O.P.No.
1 of 2010 on the file of III Additional Sub Judge, Madurai and file a report before this Court to take further action in accordance with law or to entrust the investigation to the 2nd respondent with a direction to the 2nd respondent to register the complaint and to investigate into the same in accordance with law. For Petitioner : Ms.Jasima Yasmin for M/s.Ajmal Associates For R1 : Mr.K.Samidurai For R2 : Mr.K.Govindarajan, Deputy Solicitor General of India For R3, R7& R8 :Mr.M.Veerenthiran, Government Advocate For R4 & R5 : Mr.
Additional Advocate General, assisted by Mr.S.Kameswaran, Government Advocate For R6 : Mrs.J.Anandhavalli
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the 1st respondent to appoint a judicial officer in the cadre of District Judge to conduct an enquiry into the land acquisitions scam with specific reference to the acquisition of lands in Survey Nos.29/11A and 32/1B at Puliankulam Village in Madurai District subject matter of the award in L.A.O.P.No.1 of 2010 on the file of learned III Additional Sub Judge, Madurai and file a report before this Court to take further action in accordance with law or to entrust the investigation to the 2nd respondent with a direction to the 2nd respondent to register the complaint and to investigate into the same in accordance with law. 2.With reference to the allegation, which seems to be serious, this Court earlier directed the official respondents to register a criminal case. Pursuant to the order of this Court, a criminal case was registered in Crime No.1 of 2023 on the file of the CB CID South, Madurai City and the investigation is in progress. 3/7
3.The learned Additional Advocate General appearing on behalf of the respondents 4 and 5 made a submission that in respect of the directions issued by this Court to deposit the compensation amount of Rs.14,60,000/- (Rupees Fourteen Lakhs and Sixteen Thousand Only) received by the writ petitioner, the same may be deposited on the file of the III Additional Sub Court, Madurai. 4.In view of the fact that the criminal case is in progress, the writ petitioner is directed to deposit the said amount of Rs.14,60,000/- to the credit of L.A.O.P.No.1 of 2010 on the file of the III Additional Sub Court, Madurai, within a period of ten (10) days from today (21.11.2023). The learned III Additional Sub Judge, Madurai is directed to receive and deposit the same in any one of the nationalized bank in an interest bearing deposit scheme, till such time the proceedings are completed. In respect of other directions issued by this Court, the official respondents shall initiate appropriate actions for initiation of further proceedings.
5.With these directions, this Writ Petition stands disposed of. No costs. 4/7
6.The original records submitted by the CB CID South, Madurai City are directed to be returned after obtaining due acknowledgment by the Registrar (Judicial) of the Madurai Bench of Madras High Court, Madurai. (S.M.S., J.) & (V.L.N., J.) 21.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva Note: Issue Order copy on 22.11.2023.
Copy To Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
To 1.The Registrar General, Madras High Court, Chennai-104.
2.The Inspector General of Police, South Zone, Madurai.
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3.The Revenue Divisional Officer, Madurai (Land Acquisition), Madurai.
4.The Land Acquisition Officer & The Special Tahsildar (L.A), Ring Road Scheme, Madurai District, Madurai.
5.The Deputy Inspector General of Police, CB CID, Crime Branch CID No.3, SIDCO Electronic Complex, I Floor, Guindy, Chennai-600 032.
6.The Deputy Superintendent of Police, CB CID Madurai.
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S.M.SUBRAMANIAM, J.
AND V.LAKSHMINARAYANAN, J.
Yuva 21.11.2023 7/7