Saravanan.K v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN K.Saravanan ... Petitioner vs.
1.The Director, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016.
2.The Superintendent of Police, Southern Range, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016.
3.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Theni District.
4.The Inspector of Police, Vigilance and Anti-Corruption Wing, Theni District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take appropriate action upon the petitioner's complaint dated 01.04.2021 within a time as may be fixed by this Court.
For Petitioner : Mr.S.Balaji For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondents to take appropriate action upon the complaint given by the petitioner dated 01.04.2021 within a time as may be fixed by this Court.
2.It is the case of the writ petitioner that in the year of 2011, the lands comprised in Survey No.1237/2, measuring an extent of 240 cents, situated at Vedaveeranaickenpatty Village, Periyakulam 1/3
Taluk, Theni District have been allotted by the 2nd respondent in favour of 120 persons as "houseless poor persons" for the purpose of developing the underprivileged people in the society as per the scheme of "Bhoodan Land". In view of the above, each of the beneficiaries has been allotted to an extent of 2 cents as house site for constructing a house for their own. In allotting such lands, many irregularities have been committed without following the procedure stipulated in the Tamil Nadu Bhoodan Yagna Act, 1958 and its Rules.
3.It is the specific case of the petitioner that one Subburaj, who is working as a driver in the Regionel Transport Office, Theni, his brother-in-law Marisamy and one Palaniappan, who is working at the office of the Superintendent of Police, Theni District, have conspired together and with the help of the forged Government seals, have created forged documents and they have helped and assisted the beneficiaries to get the land under the scheme of Bhoodan Land. In this regard, they have got Rs.2,00,000/- from each beneficiaries for the allotment of land and therefore, it is necessary to initiate appropriate action against those erring officials. 4.Today, when this writ petition is came up for hearing, on behalf of the first respondent, the third respondent herein filed a status report, wherein, in paragraph No.
11 he has stated as follows:- Based on the reports of the Joint Transport Commissioner (A), Transport Commissionerate, Chepauk, Chennai as well as the Superintendent of Police, Theni District, a Preliminary Enquiry was ordered by the 1st respondent, i.e., the Director, Vigilance and AntiCorruption vide PE.98/2021/TPT/TN, dated 21.10.2021. On the orders of the 1st respondent, a Preliminary Enquiry was registered at Vigilance and Anti-Corruption, Theni detachment on 22.10.2021 against Tr.Subburaj, Driver (VRS), Regional Transport Office, Theni and Tr.Palaniappan, Record Clerk, District Police Office, Theni District in PE.98/2021/TPT/TN and taken up for enquiry by the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Theni District.
5.Accordingly, in view of the above, since already enquiry has been started against the erring officials, in the writ petition nothing survives for further adjudication. However, considering the facts and circumstances of the case, it is appropriate to give some direction to the third respondent to complete the enquiry within a time frame. Accordingly, the third respondent is directed to complete the enquiry within a period of 3 months from the date of receipt of a copy of this order.
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6.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) am Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Director, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016.
2.The Superintendent of Police, Southern Range, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016.
3.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Theni District.
4.The Inspector of Police, Vigilance and Anti-Corruption Wing, Theni District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
26.10.2021 SJ(CO) RS/PM (09.11.2021) 3P 6C 3/3