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Madras High CourtWP(MD)/1184/2023disposed of

Sandal Muthuraj.V v. The Director

2023-01-31Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and W.M.P.(MD).No.1089 of 2023 V.Sandal Muthuraj .. Petitioner Vs.

1.The Director, Directorate Vigilance and Anti Corruption Department, No.293, MKN Road, Alandhur, Chennai - 600016.

2.The Superintendent of Police, Vigilance and Anti Corruption Department, No.293, MKN Road, Alandhur, Chennai - 600016.

3.The Deputy Superintendent Of Police, Vigilance and Anti Corruption, No.16/53 A-1, Masilamani Nagar, Palayamkottai, Tirunelveli District.

4.The District Collector, Tirunelveli District, Tirunelveli.

5.The Assistant Director of Mines, Tirunelveli District, Tirunelveli.

6.P.Madhavadas ... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents Nos.1 to 3 to take necessary prosecution action against the 5th respondent officials in pursuant to the representation, dated 03.12.2022, made by the petitioner herein within stipulated time period as may fixed by this Court. For Petitioner : Mr.K.Sivabalan for Mr.T.SUndaravadanam For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

This writ petition has been filed for issuance of writ of Mandamus, directing the respondents Nos.1 to 3 to take necessary prosecution action against the 5th respondent officials in pursuant to the representation, dated 03.12.2022, made by the petitioner herein within stipulated time period as may fixed by this Court.

2.The petitioner herein has sent a representation dated 03.12.2022, to the Director of Directorate Vigilance and Anti Corruption Department and also to other concerned Authorities making several allegations against the fifth respondent and seeks action against him. Stating that since they have not taken any steps, he filed this writ petition. 2/5

3.On 23.01.2023, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the representation that has been sent by the petitioner, complaining the fifth respondent, was forwarded to the Director of Geology and Mining, Chennai, for necessary action, since the allegations are general in nature and requires verification of documents by the concerned Department and the Head of the Department only has to look into and act upon such allegations. On that date, the learned counsel for the petitioner is present. Thereafter, it was adjourned today. Today, the representing counsel, who represents the counsel on record, is present.

4.Sine the complaint has been forwarded to the Director of Geology and Mining, the petitioner should wait till the enquiry process is over by the above said Authority. On the basis of the out come of the enquiry, if the petitioner is aggrieved, he can workout his remedy through appropriate proceedings.

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5.With the above said liberty, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 31.01.2023 Index : Yes / No Internet : Yes / No TM To 1.The Director, Directorate Vigilance and Anti Corruption Department, No.293, MKN Road, Alandhur, Chennai - 600016.

2.The Superintendent of Police, Vigilance and Anti Corruption Department, No.293, MKN Road, Alandhur, Chennai - 600016.

3.The Deputy Superintendent Of Police, Vigilance and Anti Corruption, No.16/53 A-1, Masilamani Nagar, Palayamkottai, Tirunelveli District.

4.The District Collector, Tirunelveli District, Tirunelveli.

5.The Assistant Director of Mines, Tirunelveli District, Tirunelveli.

6.The learned Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J.

TM 31.01.2023 5/5