Allegations without substantial evidence do not warrant action against public officials.

For Petitioner : Mr.A.Kumar For R1 to R3 : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor ORDER This Writ Petition has been filed to direct the respondents 1 to 3 to take appropriate action against the 5^th respondent based on the petitioner's representation dated 09.04.2025 and to initiate criminal proceedings against the 5^th respondent based on the complainant dated 27.11.2024.

2.The learned counsel for the petitioner submitted that the petitioner's family owns 1.12 acres of agricultural land in Periya Goundapuram Village, Valapadi Taluk, Salem District and their livelihood primarily depending on agriculture. A natural water channel known as Pamboothu Odai runs through the Village originating from the nearby hilly region. Certain land owners on either side of the Odai illegally encroached upon the Odai by dumping soil and converting portions into a footpath. The petitioner's father V.Murugesan submitted a petition to the Tahsildar of Valapadi on 21.07.2023 requesting Government survey to identify boundaries, remove encroachment and restore the Odai. Since no action taken, the petitioner's father filed a writ petition in W.P.No.1397 of 2023 to remove the encroachment and this Court by order dated 23.01.2024 had given a direction “In case there is a waterbody, the authorities shall restore the waterbody to its original position”. Thereafter to, no steps taken by the officials and hence, Cont.P.No.2645 of 2024 filed and the same is pending. In the meanwhile, the petitioner and his father met the 5^th respondent Tahsildar on 03.10.2024 and requested her to take immediate action. The 5^th respondent directed the petitioner and his father to meet her Office Assistant Karthik, who demanded a bribe of Rs.15,000/-, in which Rs.10,000/- for Tahsildar/5^th respondent and Rs.5,000/- for himself to take steps for measuring the land and laying boundary stone. The petitioner and his father were reluctant to pay the bribe amount. Again on 25.11.2024, the demand was reiterated and not willing to pay the bribe amount, complaint lodged to the Inspector of Police, Vigilance and Anti Corruption/3^rd respondent herein, who forwarded the complaint to the 4^th respondent who registered a case in Crime No.14/AC/2024 under Section 7(a) of Prevention of Corruption Act against the said Karthik. The said Karthik was caught red handed receiving the bribe amount of Rs.15,000/- through his agent Murugamani. But no action taken against the Tahsildar/5^th repondent on whose instructions, bribe was demanded. Hence, a representation dated 09.04.2025 was submitted to the higher officials but no action taken.

Hence, the present writ petition.

3.The learned Additional Public Prosecutor filed his counter and submitted that the allegations in Para 5 of the affidavit filed by the petitioner is correct only to certain extent. On perusal of the written complaint lodged by the petitioner before the respondents 3 and 4 clearly reveals that the said Karthik only demanded Rs.15,000/-, out of which Rs.5,000/- for himself and Rs. 10,000/- for the 5th Respondent/Tahsidlar, Valapadi. But after the demand of bribe by the said Karthik, neither the petitioner nor his father made any attempt to meet the 5^th respondent to confirm the alleged illegal demand of bribe made by the said Karthik. He would submit that eventhough the petitioner along with his father met the said Karthik on 25.11.2024 at around 11.30 a m. and he reiterated his earlier demand, but the petitioner not taken any steps to meet the 5^th respondent and confirm the demand made by the said Karthik using her name. He would further submit the petitioner and his father not willing to bribe the 5^th respondent through her Office Assistant Karthik, lodged a written complaint to the Vigilance & Anti-Corruption, Salem