Vinayagamani.S v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On :
17.04.2024 Pronounced On :
01.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN S.Vinayagamani ... Petitioner Vs.
1. The Director, Directorate of Vigilance and Anti Corruption (DVAC) No.293, M.K.N.Road, Alandur, Chennai-600 016.
2. The Deputy Superintendent of Police, Vigilance and Anti Corruption (DVAC), 1/165-G, Alagar Kovil Main Road, Reserve Line, Madurai - 625 002.
3. V.Alaguraja (VAO)
4. The District Collector, Madurai District, Madurai.
5. The Revenue Divisional Officer, Melur Revenue Division, at Narasingampatti, Melur Taluk, Madurai District.
.. Respondents (R4 & R5 are impleaded vide Court Order dated 05.03.2024 in W.M.P.(MD).No.3292 of 2024 in W.P.(MD).No.30278/2023) .
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ or Order or Direction in the nature of Writ of Mandamus, directing the 1st and 2nd respondent to investigate the matter in accordance with law and consequently direct the 1st and 2nd respondent to register a criminal case against the 3rd respondent for amazing wealth disproportionate to his known source of income, as per the provisions of the Anti-Corruption Act by considering the petitioner representation dated 27.09.2023 within time stipulated by this Court.
For Petitioner : Mr.K.Mahendran For Respondents : Mr.S.Ravi, Additional Public Prosecutor, for R1, R2, R4 & R5 : Mr.J.Pandi Dorai for R3
O R D E R
This Writ petition has been filed to direct the Respondents 1 and 2 to investigate the matter in accordance with law and consequently direct the respondents 1 and 2 to register a criminal case against the 3rd respondent for amassing wealth disproportionate to his known source of income, as per the provisions of the Anti-Corruption Act by considering the petitioner representation dated 27.09.2023, within time stipulated by this Court.
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2.The third respondent is the Village Administrative Officer of the Keelavalavu Village. The petitioner belongs to the Village of Kottakudi. He made a complaint against the third respondent alleging that he constructed a house without obtaining permission from the concerned department. He further alleged that he purchased the property without obtaining sanction from the department and also constructed the building without obtaining the proper plan from the Panchayat and hence, he illegally constructed it. Hence, he made the complaint to the respondents 1 and 2. The respondents 1 and 2, after receipt of the same, forwarded the same to the District collector, Madurai. The District Collector, Madurai, directed the Revenue Divisional Officer to conduct the enquiry.
The RDO also conducted the enquiry and found that the third respondent, after obtaining the permission from the Government, purchased the property and legally constructed the property. Apart from that, the Vigilance Department also conducted the enquiry and they also independently found that the petitioner purchased the property and the amount invested was within the known source of income and also he constructed as per the rules applied to the Government servant.
3.With these pleadings, this Court considered the submission of the learned counsel for the petitioner that the third respondent has not obtained the permission and constructed the house. To consider the same, this Court perused the record produced before this Court. The report of the District Revenue Divisional Officer, Madurai, dated 01.09.2023, is as follows.
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4.The Vigilance department also affirmatively filed a counter and stating that there was no illegality in purchasing the property and also made the construction as per Rules. The relevant portion of the counter affidavit ie., Paragraph Nos.4 and 5 are extracted hereunder: 4.It is repsectfully submitted that the petitioner's petitioner dated 27.09.2023, was received by this Direcotrate on 04.10.2023, in which, allegations were raised against V.Alaguraj, Village Administrative Officer, keelavalavu Village, Melur Taluk, Madurai District, for having purchased agricultural land to an extent of 7 cents in Survey No.92/16 of Mangulam Village, Melur Taluk, Madurai District, for a consideration of Rs.21,000/- without getting proper permission from his competent Authority thereby, violating the Government Servants Conduct Rules, 1973.
Further, it is alleged that the market value of the said property is Rs.8,75,000/- and thus caused revenue loss to the Government and the said VAO had obtained permission to construct commercial omplex over the agricultural land illegally. Hence, the petitioner seeks necessary 5/9
action on his petition.
5.It is respectfully submitted that the said petition was scrutinized in this Directorate. On perusal, the content of the petition relate to violation of Government Servants Conduct Rules and need verification of documents/records by the Competent Authority. Hence, the above said petition was forwarded to the District Collector, vide Ref.
In DVAC Petn.No.
11661/2023/REV/MU, dated 16.10.2023, for taking necessary action at their end and the same was informed to the petitioner vide Ref.In.DVAC petn.No.11661/2023/REV/MU dated 16.102.2023. The above said forwarding was effected as per the instruction issued in Govt. Memo No.1356/64/2, Public (Services-B), dated 08.04.1964, and incorporated in Para 1093) of the Manual of the DVAC.
5.From the above reading of the report and the counter affidavit filed by the third respondent, this Court finds that the petitioner has made the complaint with ulterior motive against the third respondent and hence, this Court inclines to dismiss the petition holding that the allegation made against the third respondent that he has not obtained the permission and constructed the house against the law is found to be false. 6/9
6.In the result, this Writ Petition is dismissed. No costs. 01.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No 7/9
To
1. The Director, Directorate of Vigilance and Anti Corruption (DVAC) No.293, M.K.N.Road, Alandur, Chennai-600 016.
2. The Deputy Superintendent of Police, Vigilance and Anti Corruption (DVAC), 1/165-G, Alagar Kovil Main Road, Reserve Line, Madurai - 625 002.
3. The District Collector, Madurai District, Madurai.
4. The Revenue Divisional Officer, Melur Revenue Division, at Narasingampatti, Melur Taluk, Madurai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.K. RAMAKRISHNAN. J., vsg Pre-delivery order made in Dated :01.08.2024 9/9