Prima facie evidence of criminal misconduct under Section 13(2) of the Prevention of Corruption Act warrants further investigation and potential legal action.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., for a direction to the respondent to register the First Information Report on the petitioner's complaint dated 18.03.2022.)

1. The above petition is filed praying for a direction to the respondent police to register the First Information Report on the petitioner's complaint dated 18.03.2022.

2. The petitioner is the resident of the Seeyamangalam Madura Manjapattu Village, Vandavasi Taluk in Tiruvannamalai District. The housing scheme under PMAY was implemented in the year 2016-17 for the petitioner village by the Block Development Office at Thellar Union, Vandavasi. It is alleged in the petition that the allotment was wrongly made in the name of Moorthy, S/o. Chinnapaiyan vide Registration No.TN- 1850174 and two houses were allotted to the said Moorthy, S/o. Chinnapaiyan by the proposed accused viz. Thellar Block Development Officer, Village Panchayat Secretary, Block Development Officer and Deputy Block Development Officer.

3. It is further averred that the original beneficiary name is Chinnapaiyan, S/o.Kattiyan, vide Reg.No.TN-1074171, which is converted to allot to said Moorthy, S/o. Chinnapaiyan, by the said named accused persons. It is the further allegation that the said Moorthy does not own necessary revenue patta in respect of the two houses allotted in his name. Even before the completion of the construction, the entire amount has been paid to Moorthy's account in the State Bank of India and hence, the petitioner has filed the above petition seeking a direction for registration of the complaint.

4. On notice to the respondent/Vigilance and Anti-Corruption, Tiruvannamalai Detachment, the said complaint given by the petitioner has been forwarded to the Directorate of Vigilance and Anti-corruption, Chennai on 22.03.2022, as per the provision contained in the Manual of the Directorate of Vigilance and Anti-Corruption Part-II para 10(4).

5. The main allegation is that the allotment was wrongly made to Moorthy, S/o. Chinnapaiyan and two houses are allotted to the said Moorthy and original beneficiary name is Chinnapaiyan S/o.Kattiyan, which was converted to allot the house to the Moorthy, S/o. Chinnapaiyan and it is the further allegation that all the accused persons conspired and thereby gained illegal amounts under PMAY scheme.

6. The respondent/Vigilance and Anti-Corruption, has forwarded the complaint to the Head of Department i.e. District Collector, Tiruvannamalai. The District Collector has nominated PA to District Collector to conduct a preliminary enquiry, as contemplated and under the Prevention of Corruption Act. Accordingly, preliminary enquiry was conducted and a report has been submitted that there is violation warranting departmental action under Rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

7. As per the preliminary report submitted by the officer-in-charge of the preliminary committee, for the Financial Year 2016-17, 2017-18 in respect of implementation of the PMAY scheme in Seeyamangalam Village by taking note the list of the beneficiaries as per the SECC Data 2011, instead of allotting to the beneficiary listed in the said list, person not enumerated in the list, has been given work allotment order and the beneficiary list also found to be tampered with. As per the report submitted by the District Collector, work order under PMAY scheme is allotted to the following persons.

8. Hence, the District Collector viz., Head of the Department has ordered for departmental proceedings under Rule 17 (a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and under Rule 9(