Muthusamy v. Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.04.2025
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI Muthusamy ... Petitioner versus
1. Rajendran, S/o.Devanesan @ Sarkarai, Kavundampatti Village, Nagalapuram Post, Vilathikulam Taluk, Thoothukudi District.
2.Arumugam, Secretary, Kavundampatti Village Panchayath, Pudur Union, Thoothukudi District.
3.Chandrasekaran, Block Development Officer, Pudur Union, Thoothukudi District.
4.Thakkare Subam Gnadev, Project Director, District Rural Development Office, Thoothukudi District.
5.The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Thoothukudi.
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6.The District Collector, Thoothukudi, Thoothukudi District.
(R6 is Suo motu impleaded as per order dated 20.01.2025) ... Respondents Petition filed under Section 482 of Cr.P.C. to set aside the docket order of the learned Chief Judicial Magistrate, Thoothukudi, dated 24.02.2023 in unnumbered Cr.M.P.SR.187/2023 and direct to taken on file the complaint of the petitioner for adjudication. For Petitioner : Mr.J.Mahesh Kumar For R5 : Mr.T.Senthil Kumar, Additional Public Prosecutor For R6 : Mr.P.T.Thiraviam, Government Advocate
ORDER
The petitioner has lodged a complaint before the 5th respondent/Vigilance and Anti-Corruption Wing, that the respondents 1 to 4 colluding with each other had swindled the amount meant for the beneficiary under the scheme of construction of Government Green House by misusing his wife's name. But, the 5th respondent has not taken any action on the petitioner's complaint. Therefore, the petitioner has filed a complaint under Section 156(3) of Cr.P.C. before the learned Chief Judicial Magistrate, Thoothukudi and the same was returned on 2/6
24.02.2023. Challenging the same, the present writ petition has been filed.
2. The learned counsel for the petitioner submitted that the petitioner is a native of Goundampatti village, Vilathikulam taluk, wherein, he is having a land in S.No.72/6A. He has moved to Pandavarmangalam, Kovilpatti Taluk, for employment along with his family. Taking advantage of the same, an application in the petitioner's wife's name was submitted for construction of green house and sanction was granted for construction of green house in the above said land by respondents 1 to 4. Further, by impersonation and by forging the signature of his wife, bank account was opened and the amount credited in the account was transferred to the 1st respondent on the next day itself and thereby a fraud was committed in his wife's name.
3. This Court, by its earlier order dated 23.04.2025, directed the Vigilance and Anti-Corruption Department to ascertain the allegations made by the petitioner.
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4. The learned Additional Public Prosecutor appearing for the Vigilance and Anti-Corruption Department submits that there is a prima facie material that the Green House Scheme amount was not credited to the account of one Vijayalakshmi, W/o.Muthusamy, whereas, the amount has been deposited to the account of Vijayalakshmi, W/o.Durairaj. According to him, Vijayalakshmi, W/o.Durairaj is not entitled for the amount. The amount deposited in the account of Vijayalakshmi, W/o.Durairaj, was also transferred on the next day to the account of one Rajendran, who is the first respondent herein.
5. Since it is reported that there is a prima facie material on the petitioner's complaint, the respondents 5 and 6 are directed to proceed further by conducting a preliminary inquiry and take appropriate action in accordance with law. Accordingly, this Criminal Original Petition stands disposed of.
29.04.2025 ogy NCC : Yes / No.
Index : Yes / No.
Internet:Yes / No.
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To 1.The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Thoothukudi.
2.The District Collector, Thoothukudi, Thoothukudi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
ogy 29.04.2025 6/6