Radhakrishnan M V v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN and W.M.P(MD).No.9197 of 2024 M.V.Radhakrishnan ... Petitioner Vs.

1. The Director, Vigilance and Anti Corruption, 293, MKN Road, Alandhur, Chennai-600 016.

2. The Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, Karimedu Police Station, Madurai.

In Crime No.125/2021

4. B.Ganesan

5. R.Ramesh ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take necessary action over the petitioner's representation dated 30.08.2021 and 21.02.2024, for taking necessary action against the persons who had revealed his identity as a complainant on Public Interest against the 4th respondent and further provide him with adequate protection as enunciated under Sections 11 and 12 of the Whistle Blowers Act-2014 respectively.

For Petitioner : Mr.M.Gururaj For Respondents : Mr.S.Ravi, Additional Public Prosecutor, for R1 to R3, : Mr.V.Prakash, Senior Counsel for Mr.S.Abinesh for R4 : Ms.K.Jayasudha for R5

O R D E R

The petitioner filed this writ petition to direct the first respondent to take necessary action over the petitioner's representation dated 30.08.2021 and 21.02.2024, for taking necessary action against the persons who had revealed his identity as a complainant on Public Interest against the 4th respondent and further provide him with adequate 2/5

protection as enunciated under Sections 11 and 12 of the Whistle Blowers Act-2014 respectively.

2.When the matter is taken up for hearing today (ie.,19.10.2024), the learned Senior Counsel appearing for the fourth respondent represented on behalf of the contesting fourth respondent that the said Whistle Blowers Act-2014,till date is not notified. 3.Hence, this Court made clarification from the learned counsel for the petitioner in this aspect. The learned counsel for the petitioner on verification would submit that the Whistle Blowers Act -2014 is not notified till date. But he requested this Court to file the writ petition with proper prayer with same cause of action on the basis of the petitioner's representations dated 30.08.2021 and 21.02.2024. The learned Senior Counsel appearing for the fourth respondent has no objection to consider the said request. Even otherwise, the petitioner is entitled to file fresh writ petition with same cause of action.

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5.Accordingly, this writ petition stands disposed of with liberty to the petitioner to file the fresh writ petition with proper relief on the same cause of action on the basis of the representations dated 30.08.2021 and 21.02.2024. There shall be no order as to costs. Consequently, the connected writ miscellaneous petition is closed. 19.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No vsg To

1. The Director, Vigilance and Anti Corruption, 293, MKN Road, Alandhur, Chennai-600 016.

2. The Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, Karimedu Police Station, Madurai.

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

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K.K. RAMAKRISHNAN. J., vsg Pre-delivery order made in and W.M.P(MD).No.9197 of 2024 19.10.2024 5/5