BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T. RAJA, KRISHNAN RAMASAMY, JJ.
Abdullah – Appellant
Versus
State of Tamil Nadu – Respondent
W.P. (MD) Nos. 4151, 12648 of 2018
Decided On : 07-09-2018
Prevention of Corruption Act, 1988 - Section 13 – Indian Penal Code - Sections 403, 409, 468, 471, 477(A), 409 - register an FIR - Public interest relief - Assistant Director of Agriculture - First Information Report - case of the Petitioner is that he is the President of Integrated Manapparai Taluk, Manavari and Kuruvai Pasanatharkal Farmer Association, Manapparai Taluk, Trichy District. The Writ Petitions have been filed by him in the capacity as President of the said Association. According to the Petitioner, the Association was formed with an object of serving the agriculturists in the District of Trichy. The Department of Agriculture of Trichy District used to conduct every year Uzhavar Festival with the object to protect the agriculture and the farmers of the State. Accordingly, the Uzhavar Festival was conducted in Manapparai Taluk from 14.4.2013 to 16.5.2013. About these Uzhavar Festival, the Assistant Director of Agriculture was instructed to issue pamphlets and brought awareness among the farmers – Held, Further, the conduct of the Petitioner also is important to point out here. On the perusal of the documents filed by the Fourth Respondent clearly would indicate that the Petitioner is not a man of with clean hand. He is a man filing Petitions with ulterior motive to get personal benefits. It is just and necessary to point out one of the incidents, where the Petitioner threatened the Sub Registrar, Manapparai, who gave Complaint against the Petitioner making several allegations, which is evident from the document filed by the Respondents at page No. 38. An FIR also registered in Crime No. 356 of 2015. In another incident, the Petitioner gave a complaint to the Chief Minister Cell, the Agriculture Minister, Chief Secretary to Agriculture Department and the Director of Agriculture against one R. Chandrasekar on 1.9.2016 making several allegations. However, he has withdrawn the said Complaint vide his letter, dated 14.10.2016 admitting the fact that he has given a false Complaint and therefore, he withdrew the same. Further, he has stated in the said withdrawal letter that the said Chandrasekar has not done any mistake and hence, requested that there is no further action required. So, it reveals the mala fide motive of the Petitioner first to threaten the officials and thereafter, after achieving his personal grievance, he used to withdraw the very Complaint. Therefore, the conduct of the Petitioner only would indicate that he is not a man of the clean hand and the Petitions are filed only to achieve his personal motive. Hence, these Writ Petitions are liable to be dismissed with exemplary costs and accordingly both Writ Petitions are dismissed - facts placed on record in the present Writ Petitions would clearly indicate that the Petitioner has not come to the Court with clean hands. The Petitioner has failed to establish his credentials for moving the Public Interest Litigation. A perusal of the Affidavit filed in support of these Writ Petitions clearly shows that the Writ Petitions had been filed by the Petitioner with an ulterior motive – Petition Dismissed
ORDER :
1. The Writ Petition in W.P. (MD) No. 4151 of 2018 is filed for a Public interest relief, for a Mandamus directing the Respondents No. 1 & 2 to take appropriate action. Against the 3rd Respondent in respect of misappropriation of Government funds in the Agricultural Department Tamil Nadu pertaining to Cr. No. 2 of 2015 pending on the file of the Vigilance and Anti-Corruption Department, Trichy against the 3rd Respondent on the basis of the Petitioner's Representation dated 7.2.2018, within a time to be fixed by this Court.
2. The Writ Petition in W.P. (MD) No. 12648 of 2018 is filed for a Public interest relief, for a Mandamus directing the Respondents No. l & 3 to consider the Representation dated 7.2.2018 and transfer the Fourth Respondent from the post of Deputy Director of Agriculture, Thiruchirappalli District to any other District in accordance with letter dated 25.5.1992 of the Second Respondent.
3. The case of the Petitioner is that he is the President of Integrated Manapparai Taluk, Manavari and Kuruvai Pasanatharkal Farmer Association, Manapparai Taluk, Trichy District. The Writ Petitions have been filed by him in the capacity as President of the said Association. According to the Petitioner, the Association was formed with an object of serving the agriculturists in the District of Trichy. The Department of Agriculture of Trichy District used to conduct every year Uzhavar Festival with the object to protect the agriculture and the farmers of the State. Accordingly, the Uzhavar Festival was conducted in Manapparai Taluk from 14.4.2013 to 16.5.2013. About these Uzhavar Festival, the Assistant Director of Agriculture was instructed to issue pamphlets and brought awareness among the farmers. Flowever, no widespread pamphlets were issued by the Officers of the Agriculture Department in Manapparai and they have created fake bills and documents to show as if more than 1,34,251 agriculturists had participated and Rs. 1,36,99,140 had been incurred for conducting the fanner festival.
4. It is the specific case of the Petitioner that the Government funds had been misappropriated under the guise of conducting farmer festivals as if festivals were conducted in more than 482 villages and by creating bogus papers, rubber Stamps and bills, huge Public amount was misappropriated and swindled by some of the officials in the Agriculture Department with the collusion of the Fourth Respondent in W.P. (MD) No. 12648 of 2018 and Third Respondent in W.P. (MD) No. 4151 of 2018 (hereinafter called as Fourth Respondent) and 18 others in the Agriculture Department. For the purpose of conducting the enquiry about the misappropriation of fund during the year 2013-2014, the Petitioner filed W.P. (MD) No. 9994 of 2014 seeking direction to the Second Respondent to conduct Enquiry by considering his Representations dated 9.5.2013, 23.5.2013, 10.6.2013 & 7.4.2014 and the same is pending before this Court. The Petitioner herein also filed Crl. O.P. (MD) No. 19985 of 2014 seeking direction to the Vigilance and Anti-Corruption Department, Trichy to register an FIR against the Fourth Respondent and 18 others. Accordingly, this Court had issued direction and FIR was also registered in Crime No. 2 of 2015 for the offences Under Sections 403, 409, 468, 471, 477(A), 409 of IPC and Section 13(2) r/w Section 13(1 )(c) of the Prevention of Corruption Act, 1988, on 28.1.2015, wherein the Petitioner was examined as PW1. Thereafter, the Petitioner filed Crl. O.P. (MD) No. 15532 of 2016 seeking to transfer the Criminal case to the CBI from the Vigilance and Anti Corruption Department, Trichy. In the said case, this Court vide Order dated 19.1.2018, was pleased to direct the Vigilance and Anti Corruption Department, Trichy, to complete the investigation within a period of twelve months.
5. The main grievance of the Petitioner is that the Fourth Respondent tried to tamper the Witness and also threatened the Petitioner with dire consequences for continuing the proce
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