SANKARANARAYANAN Vs. DIRECTOR OF VIGILANCE & ANTI

JUDGEMENT

(1.) The petitioner claims to be a resident of Kattanoor Post, Thiruppachetti Via, Thiruchulli Taluk, Virudhunagar District, came forward to file the Public Interest Litigation alleging irregularity in the auction to cut "Seemai Karuvelam Trees' in Survey No.1/1 ad-measuring to an extent of 246.80 hectares at Kattanoor Tank.

(2.) The matter was listed for hearing on 13.02.2018 and on that day, this Court, taking note of the submissions made by the learned counsel for the respondents 1 to 8 that the petitioner was a dismissed former TASMAC employee and also facing criminal prosecution, directed him to file an additional affidavit, as to the said allegation and accordingly, the petitioner has filed the additional affidavit dated 22.02.2018. A perusal of the said affidavit would disclose that the petitioner along with the family members faced criminal prosecution in C.C.No.231 of 2002 on the file of the Court of Judicial Magistrate, Aruppukottai, for the commission of the offences under Sections 417, 498(A) of I.P.C., and section 4 of Dowry Prohibition Act r/w. Section 109 of I.P.C and the said case ended in acquittal on 26.12.2002 and thereafter, he joined the service of TASMAC and on account of similar irregularity, he was dismissed from service and also facing criminal prosecution in Crime No.2 of 2014 registered by the District Crime Branch, Sivagangai for the alleged commission of the offences under Sections 409 and 120(b) of I.P.C., which after investigation, is culminated in the charge sheet in C.C.148 of 2014, taken on file by the Court of Judicial Magistrate No. II, Sivagangai. The petitioner has suppressed the said material fact, at the time of filing the writ petition.

(3.) The learned counsel for the petitioner has drawn the attention of this Court to the typed set of papers, dated 22.02.2018 and would submit that though as per the Notification, 'Seemai Karuvelam Trees' located on the tanks of the said river bed were removed, whereas the entire 'Seemai Karuvelam Trees" are sought to be removed by auction that too have a higher amount and as a consequence, the Government is put to huge revenue loss and despite the said fact being brought to the knowledge of the Department of Director of Vigilance and Anti-Corruption, Chennai-19, no proper response is forthcoming and therefore, constrained to approach this Court by filing this writ petition.