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Madras High CourtWP(MD)/12813/2018disposed of

R.Vasanthan v. Government Of Tamilnadu

2024-11-11Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Vasanthan ... Petitioners Vs.

1.Government of Tamilnadu, Represented by Chief Secretary, Government of Tamilnadu, Fort St. George, Chennai-600 009.

2.Secretary, Tourism, Culture and Endowments Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.

3.District Collector, Collectorate, Tiruchirappalli-620 001.

4.District Superintendent of Police, Crime Branch, Subramaniapuram, Tiruchirappalli-620 001.

5.Thiru Ambalavana Pandara Sannithi, Chief of the Mutt of Thiruvavaduthurai, Thiruvaavaduthurai Aadheenam, Thiruvaavaduthurai, Nagapatinam District- 609 802.

... Respondents 1/5

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 3 to discharge their duty by taking correct and appropriate action in accordance with law on the basis of the representation, dated 16.08.2017 sent by the petitioner. For Petitioner : Mr.R.Natarajan For R1 to R3 : Mr.D.Gandhi Raj Special Government Pleader For F4 : Mrs.M.Aasha Government Advocate (Crl.side) For R5 : Mr.A.Uthaya Kumar

O R D E R

This writ petition has been filed to direct the respondents 1 and 3 to discharge their duty by taking correct and appropriate action in accordance with law.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The fifth respondent is managing the Pappammal Sathiram, which does have immovable property at various places in all over the Tamil Nadu. When the petitioner was working as Supervisor under the said Trust, he had 2/5

noticed various illegal alienation of the trust property. Therefore, the petitioner lodged a complaint and also sent various representations to the higher authorities to take appropriate action. In pursuant to his complaint, FIR has been registered in Cr.No.9 of 2017, on the file of the Inspector of Police, District Crime Branch, Trichy, however, so far, no action has been taken as against the person, who committed illegality.

4. The learned counsel for the fourth respondent would submit that after registration of the FIR, the petitioner was called for an enquiry by issuance of summons on several occasions. Further, the petitioner also is in possession of several documents in respect of the subject property belonging to the fifth respondent's trust. However, the petitioner did not appear before the Enquiry Officer and failed to co-operate for investigation.

5. In view of the above, the petitioner is directed to appear before the Inspector of Police, District Crime Branch, Trichy within a period of one week from the date of receipt of a copy of this order and to produce all the original documents, which are required for completion of investigation in Cr.No.9 of 2017 registered as against the accused persons for the offences under Sections 406, 417, 420, 465, 468, 471 and 120(B) of IPC. Thereafter, the Inspector of 3/5

Police, District Crime Branch, Trichy is directed to complete the investigation and file a final report within a period of twelve (12) weeks thereafter.

6. Accordingly, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 11.11.2024 Speaking/Non Speaking order am To 1.The Chief Secretary, Government of Tamilnadu, Fort St. George, Chennai-600 009.

2.Secretary, Tourism, Culture and Endowments Department, Government of Tamilnadu, Fort St. George, Chennai-600 009.

3.District Collector, Collectorate, Tiruchirappalli-620 001.

4.District Superintendent of Police, Crime Branch, Subramaniapuram, Tiruchirappalli-620 001.

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G.K.ILANTHIRAIYAN, J.

am 11.11.2024 5/5