Madras High CourtWP(MD)/26797/2019dismissed

V.Eswaran v. The Director

2020-01-13Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.26797 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.26797 of 2019 V.Eswaran ... Petitioner Vs.

1. The Director, Office of the Directorate of Vigilance and Anti-Corruption, 293, MKN Road, Collectors Nagar, Alandur, Chennai, Tamil Nadu 600016.

2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, W-33-21 D, Udaiappa Engg. College Road, Karuvel Nayakan Patty, Theni, Theni District.

3. The District Collector, Theni, Theni District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to take action against the erring officials of the Revenue Department based on his complaint dated 06.11.2019. For Petitioner : Mr.V.Eswaran, Party in Person For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

O R D E R

The petitioner submitted an application for issuance of joint patta. The petitioner appears to have succeeded in the civil proceedings. The grievance of the petitioner is that the Tahsildar, Theni, did not take any action on his application dated 30.03.2019. Even though the petitioner filed a complaint before the District Collector, Theni, that also did not elicit any response. Therefore, the petitioner wants the Vigilance and AntiCorruption Department to take action in the matter.

2. The complaint was lodged before the respondents on 06.11.2019. In order to direct them to take action against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.26797 OF 2019 erring officials, this writ petition came to be filed.

3. I heard the petitioner who appeared in person.

4. The very filing of this writ petition is misconceived. The petitioner ought to have filed a writ of mandamus for directing the revenue authorities to consider his application for issuance of joint patta. Instead he has chosen to make it into a vigilance case.

Merely because the revenue official was indifferent to his request for issuance of joint patta, that by itself will not attract the jurisdiction of the Vigilance and Anti-Corruption Wing. It is not the case of the petitioner that the Tahsildar concerned asked for illegal gratification.

5. Therefore, giving liberty to the petitioner to file an appropriate petition, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Director, Office of the Directorate of Vigilance and Anti-Corruption, 293, MKN Road, Collectors Nagar, Alandur, Chennai, Tamil Nadu 600016.

2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, W-33-21 D, Udaiappa Engg. College Road, Karuvel Nayakan Patty, Theni, Theni District.

3. The District Collector, Theni, Theni District.

+1 CC to M/s.V.EASWARAN, Advocate ( SR-1724[F] dated 13/01/2020 ) W.P.(MD)No.26797 of 2019 13.01.2020 KG(CO) TR(27.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2