The Madras High Court dismissed a petition filed alleging inaction on the representation made by the petitioner dated 13.04.2022 to conduct an inquiry into the misappropriation of government subsidy funds to the tune of Rs 54 lakh meant for Welfare Schemes viz., Indira Awaas Yojana (IAY), Prime Minister Awaas Yojana (Gramin) and Chief Minister’s Solar Powered Green Housing scheme.
The petition has been filed by V.A. Manohar.
The Division Bench of Chief Justice Munishwar Nath BHandari and Justice N. Mala observed that if the allegation of misappropriation is made, it is not known as to why the petitioner did not make any complaint before the Department of Vigilance and Anti Corruption to register a case and investigate into such misappropriation.
If the petitioner knows the details of the misappropriation, he could have filed an FIR which could have resulted in an investigation, held the High Court.
The Bench found from the representation of the petitioner “that, without taking the remedy provided under law the writ petition has been filed, as if the only remedy lies in the High Court and not elsewhere.”
A direction for investigation into the misappropriation can be given only when an FIR is lodged, otherwise any direction would be without compliance of the provisions of the Code of Criminal Procedure for causing investigation, said the Court while dismissing the petition.