Maruthamuthu. M v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA M.Maruthamuthu : Petitioner Vs.

1.The Principal Secretary, Secretariat, Fort St. George, Chennai.

2.The Director, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N. Road, Alandur, Chennai - 600 016.

3.The Superintendent of Police, Southern Range, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N. Road, Alandur, Chennai - 600 016.

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4.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Tiruchirapalli District.

5.Thiruvettai Selvam, Superintending Engineer, Cantonment, Tiruchirappalli - 1.

6.A.Kannan, Executive Engineer, Water Resources Organisation, Erode.

7.M/s.Sripathi Associates Pvt. Ltd., No.62, Thangaperumal Street, Erode - 638 001.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the respondents 5 to 7 based on the petitioner's representation dated 02.06.2022 within a time as may be fixed by this Court.

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For Petitioner : Mr.S.Balaji For Respondents 1 to 4 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

************ [Made by P.N.PRAKASH, J.] Alleging that respondents 5 to 7 have not executed the public works and have obtained pecuniary advantage, the petitioner gave a representation dated 02.06.2022 and has thereafter filed the present Public Interest Litigation. 2.Today, Mr.K.Balamurugan [Mobile No.8903635766], Inspector of Police, Vigilance and Anti-corruption, Trichy and Mr.R.Balamurugan [Mobile No.8825815245], Assistant Engineer, WRD, Special Project Division, Kumbakonam, are present before this Court.

3.On a careful reading of the representation dated 02.06.2022, we find that the petitioner has not made out a prima facie case for the purpose of entertaining a Public Interest Litigation. The petitioner has made very vague allegations, based on which, he has filed the present Public Interest Litigation. In fact, 3/6

as held by the Supreme Court in Secretary, Minor Irrigation v. Sahangoo Ram Arya [(2002) 5 SCC 521], a direction cannot be issued in order to find out if a person has committed an offence, as that would be in violation of Article 21 of the Constitution of India. 4.In such view of the matter, we find no merit in this Writ Petition. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

[P.N.P.,J.] & [R.H.,J.] 22.07.2022 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Principal Secretary, Secretariat, Fort St. George, Chennai.

2.The Director, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N. Road, Alandur, Chennai - 600 016.

3.The Superintendent of Police, Southern Range, Vigilance and Anti-Corruption (DVAC), No.293, M.K.N. Road, Alandur, Chennai - 600 016.

4.The Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Tiruchirapalli District.

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P.N.PRAKASH, J.

and R.HEMALATHA, J.

MR ORDER MADE IN 22.07.2022 6/6