The Inspector General of Registration made a submission in person that he will initiate all appropriate actions in this regard to improve the image of the Registration Department in the public domain. Thus, the Inspector General of Registration is directed to submit an Action Taken Report in this regard on or before 17.08.2023. The learned Public Prosecutor is directed to file status report on or before 17.08.2023 in respect of the progress made in the criminal cases. The Registry is directed to print the name of the learned Public Prosecutor in the cause list. The further appearance of the Inspector General of Registration Mr.Dinesh Ponraj Oliver, IAS, is dispensed with. Post these matters under the caption ‘For Orders’ on 17.08.2023.                                                                                           17.07.2023 Svn                                                                                             S.M.SUBRAMANIAM, J.   Svn                         WPs 2711, 2719 of 2019 and 3177  of 2020     17-07-2023

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

DATED  : 17-07-2023

 

CORAM

 

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

 

WP Nos.2711 and 2719 of 2019 and 3177 of 2020

And

WMP No.3683 of 2020

 

 

 

Mr.M.Agil                                 …  Petitioner in WPs 2711 and 2719 of 2019

 

P.Rajendran                               …  Petitioner in WP 3177 of 2020

 

 

Vs.

 

 

1.The Special District Revenue Officer (LA),

National Highways,

Kancheepuram and Tiruvallur Districts

At Kancheepuram.

 

2.The Director,

Directorate of Vigilance and Anti Corruption

Department,

Chennai-16.

 

3.The Superintendent of Police,

CBCID,

Chennai.

[R-2 and R-3 suo motu impleaded vide order

of Court dated 29.10.2021 made in WP Nos.2711

and 2719 of 2019]           …   Respondents in WPs 2711 and 2719 of

2019

 

1.The District Collector,

Kanchipuram District.

 

2.The District Revenue Officer,

Kanchipuram District.

 

3.The Special Tahsildar (LA),

National Highway Projects,

Bangalore to Chennai Expressway,

Kanchipuram,

Kanchipuram District.

 

4.The Project Director,

National Highway Authorities of India,

No.DP 34, Sri Towers South Phase,

Third Floor, Guindy,

Chennai-600 032.

 

5.The Block Development Officer (B.P.),

Sriperumbudur Panchayat Union,

Sriperumbudur,

Kancheepuram District.

 

6.The Sub Registrar,

Sriperumbudur,

Kancheepuram District.

 

7.The Joint Sub Registrar-II,

Kancheepuram,

Kancheepuram District.

 

8.G.Kuppan

 

 

9.M/s.VGP Investments,

Represented by its Partner Thiru. VGP Rajadas,

No.6, VGP Square,

Dharmarajakoil Street,

Saidapet,

Chennai-600 015.

 

10.D.Dilli

 

11.C.Baskar

 

12.D.Ramesh

 

13.K.Rakeshkumar

 

14.V.Yuvaraj

 

15.N.Purushothaman

 

16.D.Udhayakumar

 

17.D.Vijayan

 

18.J.Dinesh Kumar

 

19.The Director,

Directorate of Vigilance and Anti Corruption

Department,

Chennai-16.

 

20.The Superintendent of Police,

CBCID,

Chennai

[R-2 and R-3 suo motu impleaded vide order

of Court dated 29.10.2021 made in WP No.3177

of 2020]                                    …   Respondents in WP 3177 of 2020

 

          WP No.2711 of 2019 is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders on written representation of the petitioner dated 05.12.2018 after holding details enquiry for disbursement of compensation award amount to the acquired land in Survey No.102/4, measuring an extent of 24 cents, the land in Survey No.107/1 measuring an extent of 56 cents, the land in Survey No.107/1 measuring an extent of 62 cents, the land in Survey No.108/1 measuring an extent of 18 cents, and the land in Survey No.108/1 measuring an extent of 48 cents, in all totally measuring an extent of 2 acres 08 cents (Patta Nos.437, 1119 and 1037) Resurveyed Nos.102/4A Pt, 107/1A Pt, and 108/1A Pt, situated at NEMILI-A Village, at Sriperumbudur Taluk, Kanchipuram District along with awarding separate proportionate compensation for acquisition of common area involving street and open space common reserved area in the layout namely “VGP CHAKRA TOWN Extension” at Nemili-A Village, at Sriperumbudur Taluk, Kanchipuram District after furnishing certified copy of the award.

 

          WP No.2719 of 2019 is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders on written representation of the petitioner dated 05.12.2018 after holding details enquiry for disbursement of compensation award amount to the acquired land in Survey No.46/3A4, measuring 16 cents, Survey No.47/2, measuring 13 cents, Survey No.47/1 measuring 13 cents, Survey No.46/5B1 measuring 20 cent, Survey No.47/4A measuring 11 cents, Survey No.48/3A measuring 6 cents, Survey No.48/2 measuring 16 cents, Survey No.48/1 measuring 11 cents, Survey No.48/6A1A measuring 22 cents, Survey No.51/12 measuring 10 cents, Survey No.51/11 measuring 17 cents, Survey No.51/9 measuring 17 cents, Survey No.52/2 measuring 27 cents, Survey No.51/7A measuring 14 cents, Survey No.51/8A measuring 4 cents, Survey No.51/9 measuring 13 cents, Survey No.51/10 measuring 9 cents, Survey No.51/6 measuring 10 cents and Survey No.48/1 measuring 11 cents in all totally measuring an extent of 2 acres 66 cents (Patta Nos.210, 230, 462, 100, 231, 213, 64, 34, 148, 88, 233, 268, 234, 38, 198, 94, 31) Resurvey Nos.46/3A Pt, 46/4A Pt, 46/5B1, 47/1 Pt, 47/2 Pt, 47/4 A, 48/1, 48/2, 48/3A, 48/3A, 48/6A Pt, 51/6 Pt, 51/7A Pt, 51/8A Pt, 51/9N Pt, 51/10, 51/11, 51/12 Pt, situated at AYAKOLATHUR Village, at Sriperumbudur Taluk, Kanchipuram District along with awarding of separate proportionate compensation for acquisition of common area involving street and open space common reserved area in the layout namely “VGP SRI CHAKRA TOWN Extension” at AYAKOLATHUR Village, at Sriperumbudur Taluk, Kanchipuram District after furnishing certified copy of the award.

 

WP No.3177 of 2020 is filed  under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation dated 10.11.2019 made by the petitioner.

 

For Petitioner in WPs 2711

and 2719 /2019   : Mr.M.Elumalai

 

For Petitioner in WP 3177/2020 : Mr.J.N.Nareshkumar

 

 

For Respondent-1 in WPs 2711

and 2719/2019 and                        : Mr.P.Kumaresan,

For Respondents-1 to 3, 6 & 7        Additional Advocate General

in WP 3177/2020                        Assisted by Mr.Yogesh

Kannadasan, Special Government

Pleader.

 

For Respondents-2 and 3 in

WPs 2711 and 2719/2019      :  Mr.S.Rajakumar,

Additional Public Prosecutor.

 

For Respondent-4 in WP 3177

of 2020                                           :  Mr.Su.Srinivasan,

Standing Counsel for National

Highway Authority of India.

 

For Respondents-5 and 11 in

WP 3177 of 2020                       :  Mr.M.Elumalai

 

For Respondents-10, 14 and 15

in WP 3177 of 2020                       :  Mr.S.Nedunchezhiyan

 

For Respondent-8 in WP

3177 of 2020                           :  Mr.M.Jaikumar

 

For Respondents-12, 16 and 17

in WP 3177 of 2020                       :  Mr.P.Venkateshan

 

For Respondent-13 in WP

3177 of 2020                               :  Mr.R.Karthikeyan

 

For Respondent-9 in WP

3177 of 2020                               :  Mr.S.R.Rajagopal,

Senior Counsel for M/s.Shiva-

kumar and Suresh

 

For Respondents-19 and 20

in WP 3177 of 2020                       :  Mr.S.Rajakumar,

Additional Public Prosecutor.

 

 

C O M M O N  O R D E R

 

In spite of the fact that this Court elaborately passed an order on 2910.2021, little progress has been made by the Investigating Agency and also on the part of the concerned Department. Since several crores of public money has been involved, which has already been paid by the National Highway Authority of India for settlement of compensation in favour of the landlosers through Land Acquisition Officer/Special DRO, the allegation reveals that there is a huge misappropriation of funds and compensation has been settled in respect of OSR lands by way of fraudulent transactions.

 

2. By registering a criminal case, few persons were arrested and released on bail and there was no effective prosecution of the said cases under the Prevention of Corruption Act. Only when this Court raised the question why cases have not been registered under the Prevention of Corruption Act, the Investigating Agency now informed that they have converted the charges under the Prevention of Corruption Act. Under the Prevention of Corruption Act, the Authorities Competent are empowered to attach the properties by way of an interim measure and no such progress has been taken place.

 

3. The progress made in the investigation and the manner of investigation by the Police Officials are not satisfactory. When huge amount of public money has been involved, the Authorities are expected to be more sensitive and in the event of breach in future, this Court has no option but to consider handing over the case to the Central Agency.

 

4. The directions earlier issued by this Court on several occasions have not been complied with. Therefore, final opportunity has been given to the respondents to initiate all appropriate actions under law with full force.

 

5. Pertinently, no serious action has been taken against the Revenue Authorities, which creates a doubt . At the outset, four weeks time has been granted to the respondents.

 

6. Mr.M.Elumalai, learned Advocate, who is well versed with the cases on hand, is appointed as Amicus Curiae to assist the Court.

 

7. Mr.Dinesh Ponraj Oliver, IAS, Inspector General of Registration, appearing through Video Conferencing, made an assurance that all appropriate actions will be initiated to ensure the compliance of Rule 11 of the Tamil Nadu Government Servants Conduct Rules. In this regard, declaration of assets, as mandated under the Rule, will be verified and in the event of any discrepancy, appropriate actions will be initiated.

 

8. Rule 11 of the Tamil Nadu Government Servants Conduct Rules, warrant every Government Servant to file declaration of his asset details once in five years and every year, from five years prior to his retirement. The mandatory Conduct Rules have not been scrupulously followed by the Registration Department and therefore, the Inspector General of Registration has to initiate immediate steps to verify the asset details of the Government employees. The asset details of the family members and other persons known to the officials, are also to be scrutinised, to cull out the Benami transactions, if any, or other illegalities. In the event of any contradictions, discrepancy, disproportionate wealth or otherwise, all appropriate actions are to be initiated under the Prevention of Corruption Act, through Vigilance and Anti Corruption Department and immediate actions are to be taken to attach the property by way of an interim measure to protect the public interest and the wealth accumulated through corrupt means.

 

9. The Inspector General of Registration made a submission in person that he will initiate all appropriate actions in this regard to improve the image of the Registration Department in the public domain. Thus, the Inspector General of Registration is directed to submit an Action Taken Report in this regard on or before 17.08.2023. The learned Public Prosecutor is directed to file status report on or before 17.08.2023 in respect of the progress made in the criminal cases.

 

10. The Registry is directed to print the name of the learned Public Prosecutor in the cause list. The further appearance of the Inspector General of Registration Mr.Dinesh Ponraj Oliver, IAS, is dispensed with.

 

11. Post these matters under the caption ‘For Orders’ on 17.08.2023.

 

17.07.2023

Svn

 

                                                                                         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S.M.SUBRAMANIAM, J.

 

Svn

 

 

 

 

 

 

 

 

 

 

 

 

WPs 2711, 2719 of 2019

and 3177  of 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17-07-2023