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Madras High CourtCRL OP(MD)/9939/2023disposed of

S.Arumairaj v. The Deputy Superintendent Of Police

2023-09-25Honourable Mr Justice K.K. Ramakrishnan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.09.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD)No.9939 of 2023 S.Arumairaj ......Petitioner Vs.

1.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Vigilance and Anti Corruption, Thoothukudi District.

2.The Inspector of Police, Vigilance and Anti Corruption, Thoothukudi District.

3.The District Collector, Tuticorin District. ...Respondents (R3 is suo-motu impleaded as per order of the Court, dated 08.06.2023, in Crl.O.P(MD)No.9939 of 2023 by KMSJ) PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to issue a direction to transfer the investigation to some other agency to conduct further enquiry on the complaint made by the Petitioner dated 05.04.2023 on the file of the 2nd Respondent within time stipulated by this Hon'ble Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.T.Senthil Kumar, Government Advocate(Crl.Side) 1/10

ORDER

This petition has been filed to transfer the investigation to some other agency to conduct further enquiry on the complaint made by the Petitioner dated 05.04.2023 on the file of the 2nd Respondent.

2. The petitioner is the residence of Keezhapparaipatti, Kurumalai Post, Kayathar Taluk, Tuticorin District. He is the District Secretary of Tamilaga Anaiththu Vivasaayikal Sangam, Tuticorin District. He is also a Social worker and doing service for the needy people.

3.In the Melapparaippatti Village, a huge extent of 34 acres 57 cents of land is situated in the various Survey Nos.93/1, 91/5, 43/4, 46/7, 49/6, 92/1, 43/10, 30/10, 96/2, 110/4, 110/5 and 135/3, 104/8, 136/13, 108/2, 106/1, 107/1, 102/3, 10V1/gp and the same belongs to the Government. The said land was Government Sarvodhaya Panchayath Land. Many people have alienated the said property without title with active connivance of the Government officials. Therefore, on 05.04.2023, he made a complaint to the first and second respondents to take necessary actions. The first and the second respondents did not take any action. Therefore, he filed the present petition seeking transfer the 2/10

investigation to some other agency to conduct further enquiry on the complaint made by the Petitioner, dated 05.04.2023 on the file of the second Respondent. 4.The learned counsel for the petitioner submitted that the petitioner filed this writ petition to safe guard the interest of the Government property. There was unauthorised alienation of the Government property mentioned above without title by the private parties with the help of the Government officials. Therefore, the petitioner's complaint disclosed the cognizable offences to register the case or atleast to conduct preliminary enquiry, as per the procedure stated in the vigilance manual. But the second respondent did not take any action and therefore, he seeks for transfer of investigation. 5.

After hearing the petitioner's side argument, the learned Additional Public Prosecutor submitted that his complaint dated 05.04.2023 was forwarded to the District Collector. This Court suo motu impleaded the said Collector in order to ascertain the submission of the learned Additional Public Prosecutor and directed the District Collector to submit the report. The District Collector submitted the report dated 22.06.2023.

patta and hence, the disciplinary proceedings was initiated against the concurred officials. The sum and substance of the charge is as follows: 4/10

6.Therefore, this Court directed the first respondent to conduct the enquiry. The first respondent filed the status report dated 30.08.2023. The report in Para 11 to 18 are as follows:

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7.This Court considered the above report and the instructions given by the District Collector.

8.Now, the disciplinary proceedings is pending against the officials and the preliminary enquiry report of the second respondent revealed that before UDR, In 'A' register and SLR report, the name of the private individuals also shown as owners. Therefore, at this stage, the prayer of the petitioner need not be considered.

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9.Therefore, this Court is inclined to dispose this Criminal Original Petition with liberty to the petitioner to approach the respondent if any incriminating material comes out in the conclusion of the disciplinary proceedings.

10.Accordingly, this Criminal Original Petition is disposed of. 25.09.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss To 1.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Vigilance and Anti Corruption, Thoothukudi District.

2.The Inspector of Police, Vigilance and Anti Corruption, Thoothukudi District.

3.The District Collector, Tuticorin District.

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

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K.K.RAMAKRISHNAN, J.

dss Crl.O.P(MD)No.9939 of 2023 25.09.2023 10/10