S.Rajendra Prasad v. The District Collector

ORDER The petitioner herein filed this petition to redress the grievance on the basis of the representation dated 09.03.2023. It is stated that there is some payment of bribe amount to the officials.

2.The petitioner herein is the owner of the land bearing S.No. 316/3 measuring about 0.70.5 hectares in Seepalakottai Village, Uthamapalayam Taluk, Theni District. The said land is a Nanja land, in which, he is cultivating Banana. The petitioner's forefathers dug a Well in the northern border of the said property and by the water from the said Well, he is irrigating the land electricity connection has also been provided, for such agriculture purpose. On the northern side of his land, there is a Tank known as Erakottaipatti Tank. Between the said Tank and his land, there is an Odai known as Sukkan Odai. However, the said Odai is mostly not in use as no water flows through it. The said odai is in S.No.319. One Gurusamy, who is petitioner's relative, though does not own any property in the vicinity and is living 2 Kms away from the said place, due to personal enmity, started harassing them and gone to the extent of destroying the well and damaged the electric pump set. Therefore, a complaint has been preferred against him before the competent revenue authority and the same are pending. In the meanwhile on 14.12.2022, the Tahsildar, Uthamapalayam issued a notice to the petitioner and the others, having land adjacent to the land bearing survey No.319. The Tahsildar, Uthamapalayam informed that as per the order of this Court dated 23.12.2022 he will survey the land. While so the petitioner along with the other land owners, submitted objection on 21.12.2022 stating that the application to survey is non maintainable on the premise that there is no land vests with Gurusamy and that the Survey No.319 is a Government land. Thereafter, the Tahsildar, Uthamapalayam initially fixed the Survey on 23.12.2022. All the land owners objected as the Survey was not conducted. However, the Tahsildar, Uthamapalayam with the help of the Deputy Tahsildar, Chinnamanur Zone and the Land Surveyor issued a proceeding dated 30.01.2023 stating as if he conducted Survey on 25.01.2023 and prepared a report after getting bribe from the said Gurusamy. After coming to know, the petitioner on 04.02.2023 submitted his objection for the said report. In the said circumstances, on

09.03.2023, the petitioner submitted a representation to the respondent Nos. 2 and 3 for initiating legal proceedings against the officials for creating forged report by using their official capacity illegally. Thereafter, on

24.03.2023, the second respondent has sent a communication to the petitioner informing that the petitioner's representation had been forwarded to the first respondent. However, since there was no action taken as on date, the petitioner is before this preferred this petition.

¶3Today when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the competent officer enquired and submitted a report before this Court dated 04.08.2023, where it is stated that there is no such occurrence has been taken place. Relevant portions of the report is as follows: khz;g[kpF brd;id cah;ePjpkd;w kJiuf;fpis W.P.(MD).No.1066/2022 - ,y;

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¶4By recording the same, this Criminal Original Petition stands closed.

27.09.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn To

1.The District Collector, Theni District, Theni.

2.The Director, Directorate of Vigilance and Anti-Corruption No.293, MKN Road, Alandur, Chennai-600016.

3.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Theni District, Theni.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J. sbn

27.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.09.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN S.Rajendra Prasad ... Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Director, Directorate of Vigilance and Anti-Corruption No.293, MKN Road, Alandur, Chennai-600016. 3.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Theni District, Theni. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue a direction to transfer the investigation to some other higher official under the Control of the second respondent on the complaint made by the petitioner dated 09.03.2023 on the file of the third respondent forwarded to the first respondent and to conduct further enquriy within the time stipulated by this Court. For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor