Disposed

M.Amirtham Chellaiah v. The Director

Madras HC6 Jul 2021CRL OP(MD)/3154/2021

Case brief

AI extract

What is this about?

Petitioner sought direction under Section 482 CrPC for initiating action on a complaint. The Court held it could not order case registration immediately; instead, the Inspector General of Registration must conduct an inquiry, summon the petitioner, afford a hearing opportunity, and submit the report before further vigilance action.

What did the court decide?

Petitioner summoned for inquiry; result of inquiry to be communicated to petitioner via the 6th respondent.

M.Amirtham Chellaiah Vs The Director — Writ and Judicial Review | Madras HC (2021)

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Crl.O.P.(MD) No.3154 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.(MD) No.3154 of 2021

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M.Amirtham Chellaiah : Petitioner

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Vs.

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1.The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai 600 016.

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2.The Inspector General of Police, Vigilance and Anti Corruption, Post Box No.487, Kumarasamy, Raja Salai, Chennai 28.

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3.The Additional Superintendent of Police, Vigilance and Anti Corruption, No.16/53A/1, Marilamani Nagar, Palayamkottai, Tirunelveli District 627 002.

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4.The District Registrar, O/o. the District Registrar, No.57, Railway Feeder Road, Tenkasi District.

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5.The Deputy Superintendent of Police, Vigilance and Anti Corruption, No.16/53A/1, Marilamani Nagar, Near Central Prison, Palayamkottai, Tirunelveli District 627 002.

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6.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai 28.

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[R6 has been impleaded vide order dated 28.04.2021]

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: Respondents

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PRAYER: This Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to take appropriate action on the complaint given by the petitioner dated 07.12.2020 within the time stipulated by this Court.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD) No.3154 of 2021

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For Petitioner For R1 to R3 & R5

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: Mr.I.Pinaygash : Mr.T.Senthil Kumar

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Government Advocate (Crl.Side)

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ORDER

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This Criminal Original Petition has been filed to direct the respondents to take appropriate action on the complaint given by the petitioner dated 07.12.2020.

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2.When the case came up for hearing on 15.04.2021, this Court ordered notice in Crl.M.P.(MD) No.2892 of 2021, which was filed to implead the Inspector General of Registration, Chennai as 6^th respondent in the main Criminal Original Petition. Subsequently, the case was adjourned to 26.04.2021.

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3.Mr.K.Sathiya Singh, the then learned Additional Government Pleader entered appearance on behalf of the Inspector General of Registration, Chennai. Based on the submissions of the then learned Additional Government Pleader, the Inspector General of Registration, Chennai was impleaded as 6^th respondent in the main Criminal Original Petition by this Court, vide order dated 28.04.2021. Subsequently, the case was adjourned to 02.06.2021. However, due to the present COVID-19 situation, the Court commences functioning only from 14.06.2021. Thereafter, through office order, the cases, which were directed to be listed from 01.06.2021 to 11.06.2021, were posted before this Court from 02.07.2021 onwards. Accordingly, this case came up before this Court for hearing today, 06.07.2021.

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4.Today, 06.07.2021, when the case came up for hearing, Mr.T.Senthilkumar, learned Government Advocate (Crl.Side), submitted that as per the copy of the complaint petition furnished to the Inspector General of Registration, Chennai by the petitioner, based on enquiry and the report to be filed by the Inspector General of Registration, Chennai, the Director, Department of Vigilance and Anti Corruption, Chennai intends to initiate further action.

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5.In view of the above, for the present, this Court cannot order to register a case by the Department of Vigilance and Anti Corruption, Chennai, as per the vigilance manual, procedures adopted by the Registration Department and the provisions of Prevention of Corruption Act. Therefore, it is for the 6^th respondent/the Inspector General of Registration, Chennai to initiate further steps by way of conducting an enquiry.

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6.On enquiry, if the 6^th respondent arrives at a conclusion to lodge a complaint to the Director of Vigilance and Anti Corruption Department, Chennai or even otherwise to close the enquiry, the result of enquiry is to be furnished to the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD) No.3154 of 2021

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Enquiry is to be conducted in such manner with the petitioner herein. The petitioner herein, namely, Amirtham Chellaiah is to be summoned and enquired before conducting the enquiry, as per the rules governed by the Registration Department. The petitioner herein should also be afforded an opportunity of being heard regarding his grievances and the result of the enquiry is to be communicated to him. A copy of the result of the enquiry is to be communicated to this Court by the Director of Vigilance and Anti Corruption Department, Chennai through the learned Government Advocate (Crl.Side), who appeared in this case on behalf of the 6^th respondent.

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7.With the above direction, this Criminal Original Petition is closed. Sd/-

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Assistant Registrar (CS-I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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1.The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai 600 016.

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2.The Inspector General of Police, Vigilance and Anti Corruption, Post Box No.487, Kumarasamy Raja Salai, Chennai 28.

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3.The Additional Superintendent of Police, Vigilance and Anti Corruption, No.16/53A/1, Marilamani Nagar, Palayamkottai, Tirunelveli District 627 002. 4.The District Registrar, O/o. the District Registrar, No.57, Railway Feeder Road, Tenkasi District.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD) No.3154 of 2021

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5.The Deputy Superintendent of Police, Vigilance and Anti Corruption, No.16/53A/1, Marilamani Nagar, Near Central Prison, Palayamkottai, Tirunelveli District 627 002. 6.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai 28. 7.The Government Advocate (Crl. side) Madurai Bench of Madras High Court, Madurai Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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Crl.O.P.(MD) No.3154 of 2021 06.07.2021

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VR (CO) LR (19.07.2021) 4P 9C

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https://hcservices.ecourts.gov.in/hcservices/

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M.Amirtham Chellaiah v. The Director

Case brief

What is this about?

What did the court decide?

M.Amirtham Chellaiah v. The Director

Case brief

What is this about?

What did the court decide?

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