N.Rassal Raj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P.(MD).No.3515 of 2023 1.N.Rassal Raj 2.M.Mary Esther ... Petitioners Vs.

1.The State of Tamil Nadu, represented by the District Collector of Kanniyakumari at Nagercoil, 2.The Tahsildar of Vilavancode, at Kuzhithurai, Pin : 629 163.

3.The Superintendent of Police, Kanniyakumari at Nagercoil.

4.The Kadayal Town Panchayat, at Kadayal, Kaliyal Post, Pin: 629 101 represented by its Executive Authority / Executive Officer. 5.T.Padmaraj alias T.Padmaraja 6.S.Thangaraj 1/6

7.Antony Xavior Raj 8.Johnrose 9.The Deputy Superintendent of Police, Vigilance & Anti Corruption, 210/1A, Lourdu Annai Salai, Rajakamangalam Road, Nagercoil - 629 004, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.9 to take action on the 1st petitioners' petition, dated 13.12.2022, sent to them by registered post, by investigating the same through a Special agency of the police and taking further action in the matter according to law, within a time to be fixed by this Court. For petitioners : Mr.K.N.Thambi For Respondents : Mr.S.Ravi for R1 to R4 & R9 Additional Public Prosecutor Mr.N.Dilip Kumar for R5 to R8

O R D E R

The writ petitioners filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondent No.9 to take action on the 1st petitioners' petition, dated 13.12.2022, sent to them by registered post, by investigating the same through a Special agency of the police and taking further action in the matter according to law, within a time to be 2/6

fixed by this Court.

2.The petitioners have sent a complaint to the 9th respondent making some allegations against the respondents 5 to 8. Since that was not considered till date, this present writ petition has been filed. 3.The learned Additional Public Prosecutor would submit that the complaint sent by the petitioners to the 9th respondent was forwarded to the Tahsildar, Vilavancode, the second respondent, vide the letter, dated 27.02.2023. Now, it is pending before the Tahsildar, Vilavancode for enquiry.

4.The learned counsel for the petitioners would submit that the accused persons have produced the bogus Solvency Certificate not only in this subject matter, but, also in some other matter they have produced it. They have also received a communication from the Executive Officer, Town Panchayat, dated 03.02.2023, with the same allegations that has been made by the petitioners.

5.Let all the above said matters be enquired by the Tahsildar and 3/6

complete the same within a period of three months from the date of receipt of a copy of this order. Depending upon the outcome of the said enquiry, if the petitioners is still aggrieved he can workout his remedy in appropriate manner.

6.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The District Collector of Kanniyakumari at Nagercoil, 2.The Tahsildar of Vilavancode, at Kuzhithurai, Kanniyakumari District. Pin : 629 163.

3.The Superintendent of Police, Kanniyakumari at Nagercoil.

4.The Kadayal Town Panchayat, at Kadayal, Kaliyal Post, Kanniyakumari District.

Pin: 629 101 represented by its Executive Authority / Executive Officer. 4/6

5.The Deputy Superintendent of Police, Vigilance & Anti Corruption, 210/1A, Lourdu Annai Salai, Rajakamangalam Road, Nagercoil - 629 004, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J TM Order made in Dated :02.03.2023 6/6