Rajakumaran.M v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 20.12.2023 Pronounced On 22.02.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN M.Rajakumaran ... Petitioner Vs.
1.The Director, Department of Vigilance and Anti Corruption, 293, MKN Road, Collector Nagar, Alanthur, Chennai-16.
2.The Deputy Superintendent of Police, Department of Vigilance and Anti-Corruption, Thoothukudi District.
3.The Principal Secretary to the Government, Rural Development and Panchayatraj Department, Secretariat, Chennai.
4.The District Collector, Thoothukudi, Thoothukudi District.
5.The Assistant Director(Village Panchayat), Thoothukudi District.
6.The Panchayat President, Kayamozhi Village Panchayat, Thiruchenur Panchayat Union, 1/12
Thoothukudi District.
7.Mr.Ramraj, The Special Officer/Block Development Officer, Kayamozhi Village Panchayat, Thiruchendur Panchayat Union, Thoothukudi District.
8.Mrs.Shanthi The Assistant Block Development Officer, Zone I, Kayamozhi Village Panchayat, Thiruchendur Panchayat Union, Thoothukudi District.
9.Mr.Ravichandran, The Assistant Engineer, (Rural Development), Thiruchendur Panchayat Union, Thoothukudi District.
10.Mrs.Isakkiammal, The Secretary, Kayamozhi Village Panchayat, Thiruchendur Panchayat Union, Thoothukudi District.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of Constitution of India to issue a writ of Mandamus directing the respondents 1 and 2 to initiate the criminal proceedings against the respondent Nos.7 to 10 by considering the petitioner's representation dated 21.05.2022. 2/12
For Petitioner : Mr.A.Robinson For Respondents : Mr.T.Senthilkumar Additional Public Prosecutor for R1 to R6 : Mr.R.Gowri Shankar for R10
ORDER
The petitioner herein has filed this writ petition seeking mandamus directing the respondents 1 and 2 to initiate the criminal proceedings against the respondent Nos.7 to 10 by considering the petitioner's representation dated 21.05.2022.
2. The petitioner is the State Secretary of Tamil Nadu Congress Human Rights Wing doing social service for the development of general public in and around his residential area namely Kayamozhi Village Panchayat, Thiruchendur Taluk, Thoothukudi District. He was one of the resident of Kayamozhi village Panchayat. During the financial year 2019-2020, the private respondent Nos.7 to 10 were in the management of the said panchayat activities. They fabricated some documents illegally and misappropriated the funds of the Kayamozhi village Panchayat as if they made repair works by using M-sand and JCB Vehicle. Therefore, he gave the representation on 21.05.2022 to the fourth and other respondents. The fourth respondent forwarded the same to the fifth 3/12
respondent. Thereafter, there was no communication and there was no action against the private respondents for their alleged misappropriation of amount by forging the records and falsification of the account. Thereafter, he filed a writ petition seeking writ of mandamus to take action against the respondent Nos.7 to 10 by considering his representation dated 21.05.2022.
3. This Court after issuing notice, asked the District Collector to file a counter for the allegation made in the complaint. Pursuant to which, the District Collector filed the counter stating that he appointed the Assistant Director of Audit to look into the allegation made by the petitioner. The Assistant Director Audit, conducted detailed enquiry and submitted that there was no misappropriation as alleged by the petitioner. The enquiry report was enclosed in the counter affidavit in Paragraph No.14, which reads as follows: 4/12
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5. In view of the above, the grievance of the petitioner is redressed by the competent officer namely the District Collector and the enquiry is also conducted and hence, this court finds no merits in the petition in view of the submissions made in the counter affidavit that there was no misappropriation of funds as alleged in the petition.
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6. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.
22.02.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No sbn To 1.The Director, Department of Vigilance and Anti Corruption, 293, MKN Road, Collector Nagar, Alanthur, Chennai-16.
2.The Deputy Superintendent of Police, Department of Vigilance and Anti-Corruption, Thoothukudi District.
3.The Principal Secretary to the Government, Rural Development and Panchayatraj Department, Secretariat, Chennai.
4.The District Collector, Thoothukudi, Thoothukudi District.
5.The Assistant Director(Village Panchayat), Thoothukudi District.
6.The Panchayat President, Kayamozhi Village Panchayat, Thiruchenur Panchayat Union, Thoothukudi District.
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K.K.RAMAKRISHNAN, J.
sbn 22.02.2024 12/12