The DMK MLA Durai Murugan has filed an appeal before the Madras high court, against the order of a single judge, dismissing his petition, which sought to quash the final opportunity notice issued by the DSP, V&AC, Vellore, asking him and his wife to account for disproportionate assets.
A division bench comprising Justices C Nagappan and R Karuppiah, before whom the appeal came up for hearing ordered notice to the DSP, V&AC, Vellore and posted to July 18, further hearing of the appeal.
In his appeal, Durai Murugan submitted that the single judge had erred in holding that without considering the legality of the appellant claim has proceeded on an erroneous premise as though the appellant had already submitted his explanation on May 9, 2012 to the final opportunity notice dated April 25, 2012. Whereas the appellant has not submitted the explanation to the final opportunity notice.
The single judge failed to note that the clubbing of the properties of appellant’s wife was absolutely erroneous. The single erred in accepting the statement of the DSP that properties were purchased by the appellant on behalf of his wife and has come to a conclusion that no opportunity need be given at the stage of investigation.
The single judge had failed to appreciate the fact that the appellant did not seek for one more opportunity to reply. The appellant’s request was to issue a split statement listing out his assets and liabilities and the assets and liabilities of his wife.
The single judge failed to decide the central issue of the petition whether the split statement should be issued or not. Instead he had decided that no explanation need be sought for at all, Durai Murugan added.