Madras High Court
Arappor Iyakkam vs The Director on 8 November, 2021
Author: P.D.Audikesavalu
Bench: Sanjib Banerjee, P.D.Audikesavalu
W.P.No.34845 of 2018
and Crl.O.P.No.23428 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018
W.P.No.34845 of 2018:
Arappor Iyakkam
Rep by its Managing Trustee Jayaram Venkatesan
140A, Rukmini Lakshmipathy Salai
Egmore, Chennai - 600 008. .. Petitioner
Vs
1 The Director
Directorate of Vigilance and Anti Corruption
No.293, MKN Road, Alandur
Chennai - 600 016.
2 The State of Tamil Nadu
Rep by its Chief Secretary
Fort St.George
Chennai - 600 009.
3 The Superintendent of Police
Anti Corruption Bureau
Central Bureau of Investigation
III Floor Shastri Bhavan
No.26, Haddows Road, Nungambakkam
Chennai - 600 006.
____________
Page 1 of 10
W.P.No.34845 of 2018
and Crl.O.P.No.23428 of 2018
4 SP Velumani
5 Municipal Administration and
Water Supply Department
Rep by its Secretary
Government of Tamilnadu
Secretariat, Fort St.George
Chennai – 600 009.
6 Greater Corporation of Chennai
Rep by its Commissioner
Rippon Buildings, Park Town
Chennai – 600 003.
7 Coimbatore City Municipal Corporation
Rep by its Commissioner
2nd Floor, Big Bazaar Street, Town Hall
Coimbatore-641 001. .. Respondents
(R5 to R7 are suo motu
impleaded vide court order
dated 4.1.2019 in WP.No.34845 of 2018)
Prayer in W.P.No.34845 of 2018: Petition filed under Article 226 of the Constitution of
India seeking issuance of a writ of mandamus directing the 1st Respondent to
register an FIR on the basis of the petitioner's complaint dated
12.09.2018 after seeking Previous Approval u/s 17A(1)(b) of the
Prevention of Corruption Act, 1988 from the Governor of Tamil Nadu
and to constitute a Special Investigation Team by this Hon'ble Court
and consequently direct that Special Investigation Team to conduct a
time bound independent High Court-monitored fair investigation
under the Prevention of Corruption Act, 1988, Indian Penal Code and
other connected Acts.
____________
Page 2 of 10
W.P.No.34845 of 2018
and Crl.O.P.No.23428 of 2018
Crl.O.P.No.23428 of 2018:
R.S.Bharathi
Member of Parliament
Organising Secretary
Dravida Munnetra Khazhagam
Anna Arivalayam
367 and 369, Anna Salai
Teynampet, Chennai – 600 018.
residing at
No.18, 29th Street, Thillai Ganga Nagar
Nanganallur, Chennai – 600 061. .. Petitioner
Vs.
The Director
Vigilance and Anti Corruption
293, MKN Road
Collectors Nagar
Alandur, Chennai – 600 016. .. Respondent
Prayer: Petition under Section 482 of the Code of Criminal Procedure
to direct that a Special Investigation Team be constituted to
investigate the complaint dated 10.9.2018.
For the Petitioner in : Dr.V.Suresh
W.P.No.34845 of 2018
For the Petitioner in : Mr.N.R.Elango
Crl.O.P.No.23428 of Senior Advocate
2018 for Mr.R.Girirajan
For the Respondent : Mr.R.Shunmugasundaram
____________
Page 3 of 10
W.P.No.34845 of 2018
and Crl.O.P.No.23428 of 2018
Nos.1, 2 and 5 in Advocate-General
W.P.No.34845 of 2018 assisted by
Mr.P.Muthukumar
Government Pleader
For 3rd Respondent in : Mr.Hasan Mohamed Jinnah
W.P.No.34845 of 2018 Public Prosecutor
and sole respondent in for 3rd respondent
Crl.O.P.No.23428 of
2018
For 4th Respondent in : Mr.Satish Parasaran
W.P.No.34845 of 2018 Senior Counsel
For 6th Respondent in : Ms.Karthikaa Ashok
W.P.No.34845 of 2018
For 7th Respondent in : Mr.E.K.Kumaresan
W.P.No.34845 of 2018
COMMON ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The matter pertains to perceived irregularities in the execution of certain contracts pertaining to public works.
2. According to the petitioner in W.P.No.34845 of 2018, an NGO by the name of Arappor Iyakkam, which is registered under ____________ Page 4 of 10 W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018 the Indian Trusts Act, 1882, various acts of misfeasance and malfeasance have been indulged in by government officials and there is also an element of collusion among certain private firms who have alternately been obtaining government orders.
3. Elaborate orders were passed at the initial stage, appreciating the need for an investigation. A status report was received on December 18, 2019. A preliminary inquiry report was received in court as recorded in an order of January 23, 2020.
4. Since the pandemic struck thereafter, not much progress was made but the State now says that the investigation has been taken up in right earnest and an appropriate report will be filed in accordance with law. The State points out that the investigation in the present case has been conducted by one Ms.Ponni, IPS, who was the Superintendent of Police and Directorate of Vigilance and Anti-Corruption, and it is such official who had filed the preliminary report on December 18, 2019.
____________ Page 5 of 10 W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018
5. The fourth respondent in W.P.No.34845 of 2018 had applied to obtain a copy of the preliminary report that had been filed in this court on December 18, 2019. According to the fourth respondent, if such respondent were to be ultimately charged, it is necessary for the respondent to look into the basis therefor and, as such, the preliminary report is of great interest to the fourth respondent. The State, however, resists the making over of the preliminary report to the fourth respondent at this stage.
6. It may do well to decline the request made by the fourth respondent in W.P.No.34845 of 2018 to make over a copy of the preliminary report to the fourth respondent immediately. The law has to be allowed to take its own course. Upon completion of the investigation, a report will no doubt be filed and such report should be filed within the next ten weeks, be it in the form of a charge- sheet or as a final report. In course of the material being made over to the fourth respondent under Section 207 of the Code of ____________ Page 6 of 10 W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018 Criminal Procedure, 1973, if the preliminary report forms the basis for any of the charges sought to be framed, a copy of such preliminary report may be made over to the fourth respondent and it will also be open to the relevant criminal court to consider whether the petitioner may also obtain a copy thereof.
7. It is made clear that the observations in course of the orders should not count against the fourth respondent if, ultimately, any charge-sheet were to be filed against him or any charges framed. In view of the fact that the investigation has almost come to an end and since the charge-sheet or final report is to be filed within the next ten weeks, no useful purpose would be served in keeping these petitions alive.
8. Accordingly, W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018 are closed. Consequently, W.M.P.Nos.4747 of 2020 and 24569 of 2021 are closed.
____________ Page 7 of 10 W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018 There will be no order as to costs.
(S.B., CJ.) (P.D.A., J.)
08.11.2021
Index : No
sasi
____________
Page 8 of 10
W.P.No.34845 of 2018
and Crl.O.P.No.23428 of 2018
To:
1 The Director
Directorate of Vigilance and Anti Corruption No.293, MKN Road, Alandur Chennai - 600 016.
2 The Chief Secretary State of Tamil Nadu Fort St.George Chennai - 600 009.
3 The Superintendent of Police Anti Corruption Bureau Central Bureau of Investigation III Floor Shastri Bhavan No.26, Haddows Road, Nungambakkam Chennai - 600 006.
4 The Secretary Municipal Administration and Water Supply Department Government of Tamilnadu Secretariat, Fort St.George Chennai – 600 009.
6 The Commissioner Greater Corporation of Chennai Rippon Buildings, Park Town Chennai – 600 003.
7 The Commissioner Coimbatore City Municipal Corporation 2nd Floor, Big Bazaar Street, Town Hall Coimbatore-641 001.
____________ Page 9 of 10 W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sasi) W.P.No.34845 of 2018 and Crl.O.P.No.23428 of 2018 08.11.2021 ____________ Page 10 of 10