Madras High CourtCRL OP(MD)/2592/2016disposed of

K. Murugan v. The Director

2016-06-02Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.OP(MD) No.2592 of 2016 K.Murugan ... Petitioner -vs1. The Director, Directorate of Vigilance and Anti-corruption, (DVAC), NCB L1 to L8, P.S.Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai - 600 028.

2. The Deputy Superintendent of Police, Vigilance and Anticorruption, Superintendent of Police Camp Road, Punnai Nagar, Nagercoil - 4.

Kanyakuamri District.

... Respondents PRAYER: Criminal Original Petition is filed, under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the basis of the petitioner's complaint dated 01.10.2015 and direct them to file a final report within stipulated period. For Petitioner :

Mr.S.Muthukrishnan For Respondents :

Mr.P.Kandasamy Govt.Advocate (Crl.Side)

O R D E R

Murugan, a resident of Kollanchi Vilaiveedu, Keezhappallam, Villukkuri (P.O), Kanyakumari District, came forward with this petition under Section 482 of Cr.P.C., seeking a direction to the 2nd respondent namely, the Deputy Superintendent of Police, Vigilance and Anticorruption, Punnai Nagar, Nagercoil, to register a case on the basis of the petitioner's complaint dated 01.10.2015 and direct them to file the final report.

2. According to the learned counsel for the petitioner, one Manuel Appadurai, an Assistant Engineer in Water Resources Department in Public Works Department in Thakalai, indulged in many irregularities and committed criminal misconduct with regard https://hcservices.ecourts.gov.in/hcservices/

to auctioning of Karuvela Trees and Java Plum (Naval) Trees and has amassed huge wealth.

3. The 2nd respondent filed counter.

4. The learned Government Advocate (crl.side) submitted that already the very same petitioner has filed a Public Interest Litigation in W.P.(MD)No.2385 of 2016 and on 03.02.2016, a Division Bench of this Court while dismissing said Writ Petition gave him liberty to approach the criminal Court, according to law. Further, the complaint given by the petitioner also has been referred to the Chief Engineer (General) P.W.D, Chennai.

5. When we perused the copy of the order of the Division Bench, dated 03.02.2016 stated supra, what has been submitted by the learned Government Advocate (crl.side) is correct namely, the petitioner has to approach the criminal Court.

6. In view of the above, recording the above submission of the learned Government Advocate (crl.side) that the matter has been referred to the Chief Engineer, PWD., Chennai, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS) To:

1. The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

2.The Director, Directorate of Vigilance and Anti-corruption, (DVAC), NCB L1 to L8, P.S.Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai - 600 028.

3.The Deputy Superintendent of Police, Vigilance and Anticorruption, Superintendent of Police Camp Road, Punnai Nagar, Nagercoil - 4, Kanyakuamri District. Copy to:

The Chief Engineer (General), PWD, Chennai.

MPK JM/KBM/17.06.2016/2P-5C Crl.OP(MD) No.2592 of 2016 02.06.2016 https://hcservices.ecourts.gov.in/hcservices/