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2025 Supreme(Online)(Mad) 74162

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
V.Sundararajan – Appellant
Versus
The District Collector – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-08-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE P. DHANABAL W.A No. 2566 of 2025 AND CMP NO. 20426 OF 2025 V.Sundararajan, S/o.Venkatraman, No.89, Thalapathi Street, Government Employees Nagar, Salamedu, Villupuram.

..Appellant Vs

1. The District Collector, Chengalpet District, Chengalpet.

2. The Inspector of Police, Vigilance and Anti Corruption Department, No.6, Kaliamman Koil Street, Opp. to A.R.L.M. Matric Higher Secondary School, Manjakuppam, Cuddalore-1.

..Respondent(s)

Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the order dated 16.12.2024 made in W.P.No.31824 of 2023 and to call for the records of the 1st Respondent in his proceedings in Na.Ka.No.10663-2021-A1, dated 13.10.2023 and also the proceedings of the 2nd Respondent DE 15/2023/REV/VPM, dated 04.10.2023 and quash the same and thereby forebear the Respondents from in any manner proceeding further against the Appellant in respect of the assets acquired by the Appellant and pass such further and other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Appellant : Mr.Venkatesh Mahadevan For Respondent(s): Mr. S. John.J. Raja Singh, Additional Government Pleader For R1 Mr. Babu Muthu Meeran, Additional Public Prosecutor For R2

Judgment

(Judgment of the Court was delivered by R.Suresh Kumar J.)

This intra Court appeal has been directed against the order passed by the Writ Court dated 16.12.2024 made in W.P.No.31824 of 2023.

2. The appellant herein was the writ petitioner, who was working as Special Tahsildar (Stamps). During that period, it is the apprehension of the Department of Vigilance and Anti Corruption (hereinafter referred to as 'DVAC') and he has amassed wealth disproportionate to his known source of income. Therefore, in order to investigate the matter, the first respondent ie., the Inspector, Vigilance and Anti Corruption, Cuddalore, issued summons for the production of some documents, which have not been produced by the appellant / petitioner. Therefore, he had sent a letter to the first respondent / District Collector on 04.10.2023 to provide certain documents like Property Return Statement I to VI, Pay Drawn and other Remuneration Paid, Copy of orders, rules, instructions specified / amended applicable to the department / individual officer on various transactions of movable / immovable assets acquired through his own sources or as gifts received by him or his family members from relations / friends, details / copy of the entries made in the service book in respect of movable / immovable assets.

3. Pursuant to this request made by the second respondent, the first respondent / District Collector, vide his communication dated 13.10.2023, had written to the Tahsildar concerned at Chengalpattu to take steps to supply those documents as sought for by the second respondent. These two communications ie., the request letter dated 04.10.2023 of the second respondent and the instructions letter given by the District Collector dated 13.10.2023 to the Tahsildar to supply the documents to the second respondent has been questioned by the appellant / writ petitioner in the said writ petition seeking for a writ of certiorarified mandamus. 4. The said writ petition was heard and dismissed by the learned Judge through the impugned order dated 16.12.2024. The learned Judge has recorded that though summons had been issued earlier, the writ petitioner did not appear and subsequent to the summons issued by the Investigating Officer twice, it was the claim of the writ petitioner that he had appeared. However, the preliminary enquiry of the investigation is yet to be over and to proceed further in the matter, the DVAC Inspector was in need of certain documents, which were not since supplied by the petitioner / appellant, those documents were sought for from the office, where he had already worked as S

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