1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.13954 of 2011 and M.P.(MD)No.1 of 2011 Dr.S.G.Prakash Vincent,Vice President, Manonmaniam Sundaranar University Teaching and Administrative Staff Welfare Association (MSUTASWA), (Regn.No.50/2011),Padanthalumoodu, Padanthalumoodu-Post,Kanyakumari District. :Petitioner -Vs- 1.The Government of Tamil Nadu, rep.by its Principal Secretary to Government, Department of Higher Education, Higher Education (H2) Department, Secretariat, Fort St.George, Chennai-600009. 2.The Registrar, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli-627 012. 3.The Deputy Superintendent of Police, Crime Branch Criminal Investigation Department (CB CID), No.38, Shankar Colony, Tiruchendur Road, Palayamkottai, Tirunelveli-627 002. :Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 3rd respondent to investigate the multi crore scam done by former officials in Directorate of Distance and Continuing Education, Manonmaniam Sundaranar University, Tirunelveli, as per the petitioner's representation, dated 30.11.2011, and to file the final report within a stipulated time. For Petitioner :Mr.S.Bharathy Kannan For Respondents 1 and 3:Mr.R.Anandharaj, Government Advocate ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the 3rd respondent to investigate the multi crore scam, done by the former officials in the Directorate of Distance and Continuing Education of Manonmaniam Sundaranar University, Tirunelveli, as per the petitioner's representation, dated 30.11.2011, and to file final report, within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mr.S.Bharathy Kannan, learned counsel for the petitioner, would contend that this writ petition has been filed as a public interest litigation, as a multi-crore scam in the 2nd respondent University is involved in this matter. Learned counsel for the petitioner would submit that in this regard a representation was given to the 3rd respondent on 30.11.2011. It is submitted that there is likelihood of change of the present Director in-charge in the Directorate of Distance and Continuing Education, as he is the person who brought into light such a scam and in such an event, the relevant documents may likely be removed from the records. Therefore, it is contended that the petitioner has preferred this petition seeking the aforesaid relief and also seeking for an interim injunction restraining the 2nd respondent from appointing anybody in the office of Director, Directorate of Distance and Continuing Education, till the disposal of the writ petition. 3.We have carefully considered the submissions of the learned counsel for the petitioner and perused the records placed before this Court. 4.The fact remains that alleging such a scam the petitioner, who claims to be the Vice-Chairman of Manonmaniam Sundaranar University Teaching and Administrative Staff Welfare Association, has preferred a representation on 30.11.2011 to the 3rd respondent. It is curious to note that the petitioner has not even bothered to present such a representation in person to the Police Authorities. On the other hand, it is submitted by the learned counsel for the petitioner that such a representation was sent through Registered Post. It is very unfortunate to state that even the acknowledgement for receipt of such representation by the 3rd respondent has not been produced before this Court. It is also pertinent to note that within a week from the date of the representation, the petitioner has rushed to this Court. Such being the position, when the representation itself is dated 30.11.2011 and he himself was not sure whether such representation was received by the 3rd respondent, the petitioner cannot seek any relief, much less the relief sought for in this writ petition. 5.In view of the above, this writ petition is dismissed. No costs. Connected M.P.(MD)No.1 of 2011 is also dismissed. However, it is open to the petitioner to approach the concerned authorities and seek for appropriate relief, in the manner known to law. Sd/- Assistant Registrar(AS) / TRUE COPY / Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Principal Secretary to Government, Department of Higher Education, Higher Education (H2) Department, Secretariat, Fort St.George, Chennai-600009. 2.The Deputy Superintendent of Police, Crime Branch Criminal Investigation Department (CB CID), No.38, Shankar Colony, Tiruchendur Road, Palayamkottai, Tirunelveli-627 002. 3.The Registrar, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli-627 012. +1CC to The Special Government Pleader. SR.No.43246. Gb RP/15.12.2011/3P/5C. Order in W.P.(MD)No.13954/2011 and MP(MD)No.1 of 2011 Dated:09.12.2011 https://hcservices.ecourts.gov.in/hcservices/