Sankaranarayanan v. The Director Of Vigilance &

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.2283 of 2018 and W.M.P.(MD) No.2497 of 2018 Sankaranarayanan ... Petitioner vs.

1. The Director of Vigilance & Anti-Corruption Tamil Nadu State Alandur, Chennai

2. The District Collector Office of the District Collector Virudhunagar District

3. The Superintendent of Police Virudhunagar District

4. The Revenue Divisional Officer Aruppukottai Virudhunagar District

5. The Thasildhar Thiruchulli Taluk Virudhunagar District

6. The Executive Engineer Public Works Department / Water Resource Organisation Kundaru Division Thallakulam, Madurai City.

7. The Inspector of Police Vigilance & Anti-Corruption Virudhunagar, Virudhunagar District

8. The Inspector of Police Kattanoor Police Station Virudhunagar District

9. S.Balakrishnan Contractor S/o.Name not known No.23/7, Temple Main Road Srivilliputhoor, Virudhunagar District ... Respondents

PRAYER: Writ petition filed, under Article 226 of the Constitution of India, for issuance of writ of mandamus directing the 1st and 7th respondents to conduct the preliminary enquiry in regarding the loss of Government Money in Rs.1 Crore 71 Lakhs (1,71,00,000) in the irregularities committed by the 6th respondent for Tender Process in Seemai Karuvelam Trees at Kattanoor Tank, Thiruchulli Taluk, Virudhunagar District and consequently directing the 1st and 7th respondents to take suitable severe action against the 6th respondent and his connivance officials.

For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor for R1 to R8

O R D E R

The petitioner has given a representation, dated 28.12.2017, to various Authorities alleging that the Revenue Authority and the officials of Public Works Department had failed to auction the Karuvelam Trees in accordance with the rules and therefore, action should be taken against them.

2. On a reading of the representation, dated 28.12.2017, it is seen that the same lacks the necessary material particulars for initiating action against the said officials. In Secretary, Minor Irrigation & Rural Engineering Services, U.P. and others vs. Sahngoo Ram Arya and another, reported in (2002) 5 SCC 521, the Honourable Supreme Court has clearly held that a Police investigation cannot be set in motion in order to find out as to whether a person committed an offence inasmuch as that would offend Article 21 of the Constitution of India. That apart the writ of mandamus sought for by the petitioner herein is in the nature of public interest litigation. Therefore, this Court is of the view that this is not a fit case in which the writ of mandamus can be issued.

3.

In the result, the writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar

To:

1. The Director of Vigilance & Anti-Corruption Tamil Nadu State, Alandur, Chennai.

2. The District Collector, Office of the District Collector, Virudhunagar District.

3. The Superintendent of Police, Virudhunagar District.

4. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

5. The Thasildhar, Thiruchulli Taluk, Virudhunagar District.

6. The Executive Engineer, Public Works Department / Water Resource Organisation, Kundaru Division, Thallakulam, Madurai City.

7. The Inspector of Police, Vigilance & Anti-Corruption, Virudhunagar, Virudhunagar District.

8. The Inspector of Police, Kattanoor Police Station, Virudhunagar District.

+1cc to Mr.R.Udhayakumar, Advocate Sr.No.46665 KRK VB/KK/SAR2/20.02.2018/3P/10C W.P.(MD) No.2283 of 2018 and W.M.P.(MD) No.2497 of 2018 06.02.2018