K V CHAKRAVARTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the first respondent in his proceedings dated 10.9.2008 bearing D.O. Letter No,7544/CE2/2008-11 and quash the same.) The petitioner has challenged the interdepartmental correspondence between the Secretary to Government, Cooperation, Food and Consumer Protection Department, Secretariat, Chennai, addressed to the Additional Registrar of Cooperative Societies/Registrar of Cooperative Societies (Housing), Chennai.

(2.) A perusal of the impugned letter reveals that a detailed inquiry into the allegations of malpractice and misappropriation of funds of the Coimbatore Cooperative Housing Society Limited, Gopalapuram, Coimbatore, in the purchase of lands at Perur Chettiyapalayam was inquired into by the Directorate of Vigilance and Anti Corruption and that the inquiry revealed criminal misconduct committed by A.O-2, Thiru R.Sukumar, formerly Deputy Registrar (Housing), Salem, Additional charge of Coimbatore, (now under suspension) A.O.-3 Thiru S.Nachimuthu, formerly Deputy Registrar (Housing), Coimbatore, A.O-4 Thiru K.V.Chakravarthi, formerly Special Officer, Coimbatore Cooperative Housing Society Ltd Coimbatore, A.O-6, Thiru R.Venkatesan, formerly Secretary, Coimbatore Cooperative Housing Society Ltd. Coimbatore, A.O.-7, Thiru B.Ravindran, formerly Cooperative Sub Registrar/Special Officer, C.C.H.S.Ltd. Coimbatore along with A.O.9, Thiru S.K.Senthil Kumar, Gee Yess Iswarya Real Estates Pvt. Ltd. and A.O.10 Thiru P.R.Subbaiyan, formerly B.D.O.(Panchayats), Thondamuthur, Coimbatore District and that they are alleged to have caused loss to the society. The petitioner is arrayed as A-4 in the enquiry conducted by the Vigilance and Anti Corruption Department. As the offences committed by the accused do not come under the purview of Directorate of Vigilance and Anti Corruption and the involved misappropriation, breach of trust, corrupt practice and mismanagement in relation to the said society, the Directorate of Vigilance and Anti Corruption has recommended to entrust this case to a specialized agency i.e. CCIW Police for registration of a criminal case against the above mentioned officers.

(3.) LEARNED counsel appearing for the petitioner further submitted that there are no materials to refer the matter to the said specialized agency and that the petitioner was not given opportunity to put forth his case before the Vigilance and Anti Corruption Department, and therefore the impugned letter is violative of the principles of natural justice.