S.Raja v. Subramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.06.2025

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Raja

...Petitioner

vs.

1.Subramanian, Executive Officer, Special Grade Town Panchayat, Panagudi, Tirunelveli District.

2.Sethuramalingam, Junior Engineer, Special Grade Town Panchayat, Panagudi, Tirunelveli District.

3.Sherif, Assistant Executive Engineer, Special Grade Town Panchayat, Panagudi, Tirunelveli District.

4.Ramesh 5.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Tirunelveli

...Respondents

PRAYER : Criminal Revision Case filed under Section 438 r/w 442 of BNSS praying to call for the records pertaining to the order passed in Crl.M.P.No.155 of 2024, dated 05.03.2025, by the learned Special Judge, Special Court for Trial of cases under Prevention of Corruption Act, Tirunelveli and set aside the same.

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For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

O R D E R

This Criminal Revision Case has been filed challenging the order passed by the learned Special Judge, Special Court for Trial of cases under Prevention of Corruption Act, Tirunelveli in Crl.M.P.No.155 of 2024, dated 05.03.2025.

2. The fourth respondent who is a Contractor in Panagudi Panchayat has been issued with the work of laying pipeline between Vazhathoppu Thiranthaveli and Azhgiyanambipuram at an estimate cost of Rs.16,53,000/-. Instead of laying pipelines beneath the surface, the fourth respondent laid the same through channel. Hence, the petitioner gave several representations to the higher officials against the respondents 1 to 4. The petitioner has also given a representation to the fifth respondent. But, till date, those representations have not been considered.

3. Thereafter, the petitioner preferred a complaint under Section 156(3) of Cr.P.C. before the Special Court for trial of Prevention of 2/6

Corruption Act Cases, Tirunelveli in Cr.M.P.No.155 of 2024. The learned Special Judge dismissed the same on 05.03.2025 on the ground that the petitioner failed to obtain prior sanction from the higher officials for registering a case under the Prevention of Corruption Act against the Government Officials. Subsequently, the petitioner sent a representation dated 24.04.2025 to the higher officials seeking for prior sanction to register a case against the respondents 1 to 3. But, the same has not yet been considered. Hence, the petitioner has filed this Revision Petition seeking to set aside the dismissal order passed by the learned Special Judge.

4.

Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondents submitted that as per the instructions issued in Government Memo No.1356/64/2, Public (Services-B) dated 08.04.1964, the Director, Directorate of Town Panchayats is the competent authority to look into and act upon such complaints.

5. In view of the same, this Criminal Revision Case is disposed of and the petitioner is at liberty to submit a fresh representation in this regard to the Director, Directorate of Town Panchayats (7th, 8th Floor), 3/6

Urban Administrative Office Campus, No.75, Santhome High Road, Raja Annamalaipurm, Chennai within a period of two weeks from the date of receipt of a copy of this order and on receipt of the representation, the Director shall conduct enquiry and complete the same within a period of three months and take appropriate action against the respondents 1 to 4, if necessary.

20.06.2025 mbi To 1.The Special Judge, Special Court for Trial of cases under Prevention of Corruption Act, Tirunelveli.

2.The Executive Officer, Special Grade Town Panchayat, Panagudi, Tirunelveli District.

3.The Junior Engineer, Special Grade Town Panchayat, Panagudi, Tirunelveli District.

4.The Assistant Executive Engineer, Special Grade Town Panchayat, Panagudi, Tirunelveli District.

5.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Tirunelveli.

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Copy to:

The Director of Town Panchayats, (7th 8th Floor), Urban Administrative Office Campus, No.75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

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R.N.MANJULA, J.

mbi 20.06.2025 6/6