Madras High Court
S.Balamuruguan vs The Chairman on 17 November, 2022
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.19594 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2022
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
W.M.P.SR.No.15955 of 2022
in W.P.No.21580 of 2018
1.S.Balamuruguan
2.S.Gopinath ...Petitioners
Vs.
1.The Chairman,
TANGEDCO,
Anna Salai,
Chennai – 600 002.
2.The Superintending Engineer / Civil Maintenance – I,
North Chennai Thermal Power Station I,
Chennai – 600 120.
3.The Executive Engineer / Civil Maintenance – II,
North Chennai Thermal Power Station I,
Chennai – 600 120.
4.The Assistant Engineer/Civil Maintenance – II,
North Chennai Thermal Power Station I,
Chennai – 600 120.
5.The District Collector,
Office of the District Collector,
Tiruvallur.
6.S.Pandithurai
Superintending Engineer,
TANGEDCO,
North Chennai Thermal Power Station – I,
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.19594 of 2022
Chennai – 600 120. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India read with
under Section 195 R/W 340 of Cr.P.C, to direct such officer of this Court to send
a written complaint to the concerned Jurisdictional Magistrate, against
Mr.S.Pandithurai, working as the Superintending Engineer/North Chennai
Thermal Power Station 1 Chennai – 600 120 for wilfully and wantonly filing of
false affidavits and making misrepresentation before this Court in the above
W.P.No.21580 of 2018.
For Petitioner : Mr.T.Sai Krishnan
For Respondents : Mr.Anand Gopalan for RR1 to 4
for M/s.T.S.Gopalan & Co.
Mr.Vadivelu Deenadayalan for R5
Additional Government Pleader
ORDER
The matter is listed under the caption “for being mentioned” today.
2.While disposing of the Writ Petition on the conclusion that the TANGEDCO had acted on the document supplied by the Tahsildar (Land Acquisition), the petition that is filed to prosecute the Official of the TANGEDCO for filing a false affidavit before this Court was rejected at SR stage since it was recorded that the TANGEDCO Official had acted upon certain records which were furnished by the Revenue Department and subsequently it turned out that those records were not correct. Hence, the Official of the TANGEDCO could not be said to have committed forgery. However, the uploaded order reads that it has 2/5 https://www.mhc.tn.gov.in/judis W.P.No.19594 of 2022 been “disposed of”.
3.It is made clear that the said petition stands rejected on the conclusion that the affidavit was filed before this Court on a bonafide impression on the basis of certain records furnished by the Revenue Department.
17.11.2022 Index: yes/no Speaking order: yes/no pam To
1.The Chairman, TANGEDCO, Anna Salai, Chennai – 600 002.
2.The Superintending Engineer / Civil Maintenance – I, North Chennai Thermal Power Station I, Chennai – 600 120.
3.The Executive Engineer / Civil Maintenance – II, North Chennai Thermal Power Station I, Chennai – 600 120.
4.The Assistant Engineer/Civil Maintenance – II, North Chennai Thermal Power Station I, Chennai – 600 120.
5.The District Collector, Office of the District Collector, Tiruvallur.
3/5https://www.mhc.tn.gov.in/judis W.P.No.19594 of 2022 4/5 https://www.mhc.tn.gov.in/judis W.P.No.19594 of 2022 R.SUBRAMANIAN, J.
pam W.M.P.SR.No.15955 of 2022 in W.P.No.21580 of 2018 17.11.2022 5/5 https://www.mhc.tn.gov.in/judis