Madras High CourtWP(MD)/5057/2022disposed of

Rev.D.Yosua v. The Government Of Tamil Nadu

2023-07-04Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN W.P(MD)No.5057 of 2022 and WMP(MD).No.5533 of 2022 Rev.D. Yosua ... Petitioner Vs.

1.The Government of Tamil Nadu, rep. by its Secretary, Department of Home Prohibition and Excise (Police-1), Secretariat Fort ST. George, Chennai - 600 009.

2.The Government of Tamil Nadu, rep. by its Secretary, Commercial Taxes and Registration Department, Fort St. George, Chenni - 09.

3.The Inspector General of Registration, Santhome High Road, Chennai - 28.

4.The Director, Directorate of Vigilance and Anti Corruption (DVAC), No.293, MKN Road, Alndur, Chennai - 600 016.

5.The District Superintendent of Police, 1/6

16/53, Masilamani Nagar, Palayamkottai, Tirunelveli - 2.

6.The Inspector of Police, Shanthi Nagar, Tirunelveli.

7.The District Collector, Office of the Collector, Kokkirakkulam, Tirunelveli.

8.S.Backiyam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the fourth respondent to consider the petitioner's representation dated 09.02.2022 and file a report by enquiring into the illegal gratification received by the 8th respondent in approving all Forms filed by one group for appointment in CMS, Evngilical Idayankulam, Tirunelveli District while the dispute in O.S.No.207 of 2020, O.S.No.222 of 2019 and O.S.No.21 of 2020 is pending in civil Courts. For Petitioner : Mr.M.S. Sureshkumar For Respondents 1 to 7 : Mr.T. Senthil Kumar Additional Public Prosecutor 2/6

For 8th respondent : Mr. Antony Aruldas

O R D E R

This Writ Petition has been filed for Mandamus directing the fourth respondent to consider the petitioner's representation, dated 09.02.2022 and file a report by enquiring into the allegation of receipt of illegal gratification by the 8th respondent to approve all Forms VII filed under the Society Regulation Act by one group for appointment in CMS, Evngilical Idayankulam, Tirunelveli District while the said dispute in O.S.No.207 of 2020, O.S.No.222 of 2019 and O.S.No.21 of 2020 is pending in civil Courts.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the relief is only against the 3rd respondent.

3. Hence, this Court is inclined to dispose the Writ petition with a direction to file a proper writ petition impleading the third respondent alone before the appropriate court. 3/6

4. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 04.07.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp To

1. The Secretary, Department of Home Prohibition and Excise (Police-1), Secretariat Fort ST. George, Chennai - 600 009.

2. The Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai - 09.

3.The Inspector General of Registration, Santhome High Road, Chennai - 28.

4.The Director, Directorate of Vigilance and Anti Corruption (DVAC), No.293, MKN Road, Alndur, Chennai - 600 016.

5.The District Superintendent of Police, 16/53, Masilamani Nagar, 4/6

Palayamkottai, Tirunelveli - 2.

6.The Inspector of Police, Shanthi Nagar, Tirunelveli.

7.The District Collector, Office of the Collector, Kokkirakkulam, Tirunelveli.

8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.K. RAMAKRISHNAN. J., trp Order made in W.P(MD)No.5057 of 2022 and WMP(MD).No.5533 of 2022 Dated : 04.07.2023 6/6