V.Anbazhagan v. the Chief Secretary
Case brief
What is this about?
This criminal original petition filed under Section 482 Cr.P.C. sought a direction to the Chief Secretary to transmit the decision on a corruption complaint to the Vigilance director under the Prevention of Corruption Amendment Act, 2018. The court found that a preliminary enquiry was initiated by the Chief Secretary after the petitioner's hearing, thereby rendering the petition infructuous. The p
What did the court decide?
Liberty granted to the petitioner to proceed in accordance with law before the appropriate forum.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 18.06.2019
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.OP.No.10589/2019
V.Anbazhagan .. Petitioner
Vs
1.The Chief Secretary
The Government of Tamil Nadu
Fort St George, Chennai 600 009.
2.The Director of Vigilance & Anti Corruption
No.293, MKN Road, Alandur,
Chennai 600 016.
3.Mr.S.P.Velumani
Minister of Municipal Administration, Rural
Development and Panchayat Raj,
Fort St George, Chennai 600 009.
4.K.P.Munusamy
Former Minister of Municipal Administration
Kaveripattinal, Krishnagiri,
Krishnagiri District. .. Respondents
Prayer:- Petition filed under section 482 Cr.P.C., to direct the first respondent to send the decision by virtue of petitioner's complaint dated 30.07.2018 to the 2nd respondent as per the section 17[A][1] of the Prevention of Corruption [Amendment] Act, 2018, within the stipulated time to be fixed by this Court. For Petitioner : Mr.S.Kumara Devan
For Respondents : Mr.A.Natarajan, Public Prosecutor assisted by Mr.K.Prabakar, APP
Issues for consideration
2 issues framed by the court
Whether the petition seeking direction to send the complaint decision to the second respondent is maintainable after initiation of preliminary enquiry.
Whether the prayer in the petition has become infructuous due to the initiation of preliminary enquiry by the first respondent.
Parties & counsel
- petitioner
V. Anbazhagan
- respondent
The Chief Secretary, Government of Tamil Nadu
- respondent
The Director of Vigilance & Anti Corruption
- respondent
Mr. S.P. Velumani
- respondent
K.P. Munusamy
Case details
As recorded by the court registry
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