BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 02/02/2023

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN

WP(MD)No.1697 of 2023

Abdulla : Petitioner

Vs.

1.State of Tamil Nadu

Represented by its

Principal Secretary to the Government,

Agriculture and Farmers' Welfare Department,

Fort St. George,

Chennai-600 009.

2.The Director,

Vigilance and Anti-Corruption,

293, MKN Road,

Alandur,

Chennai-600 016. : Respondents

Prayer: Writ petition has been filed under section

226 of the Constitution of India seeking a Writ of Mandamus

directing the respondents to provide sanction to initiate

criminal proceedings on the basis of the petitioner's

representation's, dated 21/12/2022 within a stipulated time

as fixed by this court and pass such further orders.

For Petitioner : Mr.A.Joel Paul Anthony

For Respondents : Mr.S.Ravi

Additional Public Prosecutor

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O R D E R

This writ petition has been filed seeking for a

direction to the respondents to provide sanction to

initiate criminal proceedings on the basis of the

petitioner's representation's, dated 21/12/2022 within a

stipulated time as fixed by this court and pass such

further orders.

2.Heard both sides.

3.The learned counsel appearing for the petitioner

would insist upon this court to pass a similar order, that

was passed in WP(MD)No.6150 of 2017, dated 01/03/2019.

4.But the learned Additional Public Prosecutor

would submit that proper representation was not given by

the petitioner setting out the facts and circumstances and

the necessity of granting sanction etc., facts. He simply

sent a representation expressing his desire to file a

private complaint against one of the officials of the

Agricultural Department.

5.Earlier, petition in WP(MD)No.18362 of 2022 was

filed by this petitioner seeking direction to take

necessary action on the basis of the representation, dated

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20/07/2022. That matter was heard by this court and liberty

was granted to the petitioner to file appropriate

proceedings before the trial court, since the learned

Additional Public Prosecutor would submit that the

complaint given by the petitioner was forwarded to the

Director of Agricultural Department for necessary action.

That writ petition was disposed, on 23/09/2022. After that,

this writ petition has been filed seeking for the above

said direction.

6.I am afraid that such sort of writ petition can

be entertained by this court. Since before making a request

seeking sanction, section 19 of the Prevention of

Corruption Act must be complied.

7.Section 19 of the Act reads as follows:-

19. Previous sanction necessary for

prosecution.—

(1)No court shall take cognizance

of an offence punishable under sections 7,

10, 11, 13 and 15 alleged to have been

committed by a public servant, except with

the previous sanction,—

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(a) in the case of a person who is

employed in connection with the affairs of

the Union and is not removable from his

office save by or with the sanction of the

Central Government, of that Government;

(b) in the case of a person who is

employed in connection with the affairs of

a State and is not removable from his

office save by or with the sanction of the

State Government, of that Government;

(c) in the case of any other

person, of the authority competent to

remove him from his office.

[Provided that no request can be made,

by a person other than a police officer or

an officer of an investigation agency or

other law enforcement authority, to the

appropriate

Government

or

competent

authority, as the case may be, for the

previous sanction of such Government or

authority