Madras High Court
T.R.Pachamuthu @ Parivendhar vs State By on 21 December, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2017
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Crl.OP Nos.3154 & 20892 of 2017
and
Crl.M.P.Nos.2291 & 12461 of 2017
In Crl.OP No.3154 of 2017:
T.R.PACHAMUTHU @ PARIVENDHAR ... Petitioner
Vs.
1.STATE BY
THE ADDL. DEPUTY COMMISSIONER OF POLICE,
CENTRAL CRIME BRANCH,
OFFICE OF THE COMMISSIONER OF POLICE,
VEPERY, CHENNAI.
2.DR.K.JAYACHANDRAN,
NO.51, III STREET,
KRISHNA NAGAR,
VIRUGAMBAKKAM,
CHENNAI 92.
3.ADAPA JANARDHAN RAO,
12-387-19 VIRAT NAGAR ,
ONGOLE LAWYERPET (O)
PRAKASAM DISTRICT,
ANDHRA PRADESH.
4.P.SUKUMAR,
S/O.K.P.PAMANABHAN,
NO.41, PLOT NO.29 1ST MAIN ROAD,
L.H.NAGAR LAYOUT,
ADAMBAKKAM, CHENNAI.
5.S.RAJASEHARAN,
S/O. S.SUBRAMANIAN
NO.5 PUDHU THOTTAM,
NARAYANASAMY NAGAR,
GANDHI NAGAR POST,
TIRUPPUR DISTRICT.
6.S.RAMASAMY
S/O.SAMY,
NO.14 AISWARYA NAGAR,
K.K.NAGAR, TRICHY.
7.S.M.NARASINGAM,
S/O.N.S.MUTHIAH THEVAR,
30 MOOVENDAR NAGAR,
2ND STREET,
VALLUVAR COLONY,
MADURAI.
8.MUTHU KUMAR
S/O.SOKKALINGAM,
NO.38 5TH MAIN ROAD,
KAMACHI NAGAR,
MAHARAJA NAGAR POST,
TIRUNELVELI.
9.A.BHASKARA SETHUPATHY PANDIAN
S/O.K.AYYAVU,
205B MOKKAIYAM AMBALAM NAGAR,
CHOZHAVANTHAN ROAD,
THIRUMANGALAM,
MADURAI DISTRICT.
10.A.JAYASEELAN,
S/O.ANTHONYMUTHU,
NO.3/181 SETHURAPATTI
FATHIMA NAGAR POST,
TRICHY.
11.C.PETHURAJ,
S/O.CHINNASWAMY,
49 JEEVA SALAI,
PERIYAR SALAI,
CHENNAI.
12.P.GUNASEKARAN,
S/O.PALANIAPPA GOUNDER,
NO.34-A SATHYAMURTHY STREET,
VENGAMEDU, KARUR.
13.G.DAMOHARAN,
S/O.GANGADHARAN,
NO.17/8 VEERASAMY STREET,
PURASAWALKAM, CHENNAI.
14.DR.K.THANGAMANAI,
S/O.KANAGASABAPATHY,
57-B KAMARAJ NAGAR,
RAJAPALAYAM-626 117,
VIRUDHU NAGAR DISTRICT.
15.MOHAMED MUTHU,
S/O.MUSTHAFA SANPAKULAM,
3RD STREET K.PUDHUR,
MADURAI-625 007.
16.DR.K.SAKKUNDHALA,
W/O.DR.S.MURUGADAS,
136/145 SRI RESHMIKA HOSPITAL,
POLLACHI ROAD, SUNDARAPURAM,
COIMBATORE.
17.R.RADHAKRISHNAN,
S/O.K.RAMU,
NO.18 MEENAKSHI STREET,
CHOKKANATHAPURAMKRISHNAPURAM COLONY,
MADURAI.
18.JAYAKUMAR,
S/O.JAYARAMAN,
NO.13 THIRUVALLUVAR STREET,
SANJEEVI NAGAR, TRICHY.
19.R.CHANDRASEKHARAN,
S/O.RAMASAMY,
NO.10 SHANKAR NAGAR,
2ND STREET,
K.PUDUR, MADURAI-625 007.
20.S.HEMALATHA,
W/O.S.SELVAKUMAR,
AUTHORISED BY V.SARAVANAN,
NO.34 LAKSHMI NAGAR,
3RD CROSS STREET,
4TH STATE, NANGANALLUR, CHENNAI.
21.S.BHARAT,
S/O.SHENBAGARAJ,
NO.30A EAASWARI NAGAR
EAST EXTENSN, KATTUR,
TRICHY-600 0019.
22.PACHINENI MAHESH,
S/O.PACHINENI UPENDRAM,
SURYA RESIDENCY FLAT,
NO.106 H.NO.1-7-871/2 AND 1/3
BEHIND BAJAJ SHOWROOM,
HUTERROAD HANANKONDA,
WARANGAL DISTRICT, TELUNGANA.
23.P.CHANGAIAH,
S/O.P.SUBBAIAH,
NEW NO.6, OLD NO.12 PADMANABHAN STREET,
T.NAGAR, CHENNAI.-600 017.
24.S.PRATAP,
S/O.S.SUBRAMANYAM RAJU,
NO.34/1 DR.ALAGAPPA ROAD,
PURASAWALKAM, CHENNAI.
25.K.ELANGOVAN,
S/O.PALANIYAPPA CHETTIYAR,
1864 AMBALPURAM,
1ST STREET,
PUDUKOTTAI TALUK,
PUDUKOTTAI DISTRICT -622 001.
26.DR.D.JAYASHANKAR,
S/O.P.DANASINGH,
NO.7 VIGNESH ABINAYA APARTMENT,
10 CROSS NORTH EXTENSION,
THILLAI NAGAR, TRICHY-620 018.
27.DR.P.BALAKRISHNAN,
S/O.K.PARVATHY MUTHU,
NO.75/390T.H.ROAD,
THIRUVOTTIYUR, CHENNAI.
28.S.AKSHAY,
S/O.SHARANAPPA,
13-239 SEETHARAMPURAM,
MIRYALAGUDA MANDAL NALGONDA,
TELANGANA-508 207.
29.M.RAJAVEL,
S/O.L.MANIVEL PILLAI,
NO.27 RANGANATHAPURAM,
AAMISAR COLONY, PUDUR, TRICHY.
30.D.S.RAMESH,
S/O.BASHYAM,
NO.9 PATTU RASAPPA STREET,
SEVEN WELLS, CHENNAI.
31.L.PHILIPS,
S/O.N.LOURTHUSAMY NAGAR POST,
ELAYANKUDI TALUK,
TRICHY DISTRICT.
32.DR.J.DHARMARAJA,
S/O.JAGADEESAN,
NO.50 J.C.K.NAGAR,
CHENGALPATTU-603 002.
33.DR.M.S.NIRMALKUMAR,
S/O.R.SEKAR,
NO.11/57 SARADHAMBAL NAGAR,
MANNARGUDI, THIRUVARUR DISTRICT.
34.A.ANTON KUMAR,
S/O.ALPHONSE,
NO.2 BOUND ROAD,
VADIVEESWARAN NAGAR,
CHENNAI-600 087.
35.B.NARESH,
S/O.N.PREM CHANDAR,
FLAT NO.802 AKSHSAYA METROPOLICE,
G.S.T.MAIN ROAD,
KANCHEEPURAM DISTRICT.
36.NARAYANAN SUBRAMOENY,
S/O.SUBRAMONEY,
NO.74 CASA GRAND,
PAVILIAN TALAMBUR,
CHENNAI-603 103.
37.SUBHURAJ,
S/O.ALAGARSAMY,
NO.63 ASHOK NAGAR,
4TH STREET,
WEST GOVINDAPURAM,
DINDUGAL.
38.K.BALAJI,
S/O.B.V.KUMAR,
DOOR NO.2/5 RAJARATHINAM STREET,
TAMBARAM WEST, CHENNAI-600 045.
39.S.T.KUKMARAGURU,
S/O.THIRUTHDEVAR,
NO.20 JANANI ILLAM,
KODIYAN THOPPU,
AGRAHARAM PALLATHUR,
KARAIKUDI TALUK,
SIVAGANGAI DISTRICT 630 107.
40.S.K.DHATCHANAMURTHY,
S/O.KUPPUSAMY,
NO.5 BUDHAR STREET ,
CHITLAPAKKAM,
KANCHIPURAM DISTRICT.
41.N.LATHA,
W/O.P.N.NANDAKUMAR,
OLD NO.29/1, NEW NO.58
JAYARAM CHETTY STREET,
SAIDAPET CHENNAI -600 015.
42.K.MURUGESAN,
S/O.KALIAPPAN,
NO.9/7 GANDHIPPURAM WEST,
SENGUNTHAPURAM POST, KARUR.
43.K.SHANMUGAM,
S/O.KARUPPAIAH,
C44 1ST MAIN ROAD,
RAMALINGAM NAGAR,
WORAIYUR, TRICHY.
44.V.JOTHIIPRAKASH,
S/O.P.V.VEDHACHALAM,
NO.5 SRI KAMATCHILLAM,
NEMILICHERRY, CHROMPET,
CHENNAI 600 044.
45.K.SELVAKUMAR,
S/O.KALIDAS,
NO.27 BVM NAGAR,
MEDICAL COLLEGE ROAD,
THANJAVUR.
46.S.PRAKASH,
S/O.SOHANRAJ,
NO.39 CHAKKARAI STREET,
KONDITHIPPU, CHENNAI- 600 079.
47.MANACY DAVIS,
W/O.C.A.DAVIS,
NO.23-2 APPADURAI 1ST LANE ,
AYNAVARAM, CHENNAI-23.
48.K.MUSTHAK,
S/O.MOHAMED MOIDEEN,
1/165 NATHAM SALAI,
THALAMBUR, CHENNAI-103.
49.K.AMARNATH,
S/O.KRISHNAMOORTHY,
D-51 9TH CROSS THILLAI NAGAR,
TRICHY-620018.
50.S.K.VEERARAGHAVAN,
S/O.KUPPUSAMY,
NO.6 CHENGALVARAYAN STREET,
SHENOY NAGAR, CHENNAI- 30.
51.P.M.RAJA,
S/O.MANICKAM PILLAI,
NO.25 SOUTH RATHA VEETHI,
JAGANATHAPURAM,
KULATHUR KIRANUR,
PUDUKOTTAI - 622 502.
52.PEER MOHAMED,
S/O.NOOR MOHIDEEN,
NO.1A GANDHI NAGAR, 1ST STREET,
KEERANUR KULATHUR,
PUDUKOTTAI - 622 502.
53.THIRUMALA SRINIVAS
S/O.N.S.PRASANNA
54.DR.HEMAMALINI SRINIVAS,
W/O.THIRUMALAI SRINIVASA,
NO.7 MULLAI STREET,
FATIMA NAGAR, VALASARAVAKKAM
CHENNAI - 37.
55.MR.S.CHANDRASEKAR,
S/O.LATE K.SHANMUGAM,
NO.11 PUDHUPAIKARA THERU,
URAIYUR, TRICHY-3.
56.MR.M.VADIVEL,
S/O.MARIAPPAN,
NO.41 RAJARAM SALAI,
K.K.NAGAR,
TRICHY-1.
57.MR.S.STEPHEN JAYASEKAR,
S/O.LATE SYLUS,
NO.3-103-64
PAYATHAN THATTU VILAI VADAKKAN KARAI,
VILAVANCODE, KAPPIYARAI,
KANNIYAKUMARI DISTRICT-629 156.
58.MR.M.BALAJI,
S/O.M.J.KOTHANDARAMAN,
NO.92/4 INDHIRA COLONY,
ASHOK NAGAR, CHENNAI-83.
59.A.UDYAKUMARI,
W/O.T.ARUNACHALAM,
C-4 H BLOCK SRI DEVI APARTMENTS,
CHURCH ROAD, MUGAPAIR EAST,
CHENNAI - 37.
60.P.G.PRABHAKAR REDDY,
S/O.P.R.GOVINDA REDDY,
NO.27/10 6TH WEST CROSS STREET,
SHENOY NAGAR,
CHENNAI - 600 030.
61.DR.M.CHANDRABOSE,
S/O.MARIMUTHU NADAR,
MANAGING DIRECTOR
REX ORTHO HOSPITAL,
43 R.R.LAYOUT R.S. PURAM,
COIMBATORE, DISTRICT.
62.K.P.PASUPATHY,
S/O.PACHAIAPPAN,
NO.78 KARPAGA NAGAR,
3RD STREET,
SELAIYUR, TAMBARAM,
CHENNAI - 73.
63.G.MOHAN,
S/O.D.GANGADHARAN,
NO.143/65 SWAMY NAICKEN STREET,
CHINDADRIPET, CHENNAI - 2.
64.MR.K.VIJAYAKUMAR,
S/O.K.KRISHNA,
NO.6 LAKSHMI RESIDENCY,
MOUNT JOY ROAD BSK FIRST STATE BANGALORE - 560
019.
65.DR.N.VISWANATHAN,
S/O.V.NAMASIVAYAM,
NO.128 PERIYAR SALAI,
NEHRU NAGAR,
CHROMPET, CHENNAI - 600 044.
66.MR.JUTTA SELVARAYAN THOMAS,
S/O.R.THOMAS,
NO.3, 2ND FLOOR, NATHAN STREET,
HARRINGTON ROAD,
CHETPET, CHENNAI - 600 031.
67.MRS.SHEILA MERLIN,
W/O.LATE DR.MERLING SATHIARAJ,
AD-19 5TH AVENUE,
ANNA NAGAR,
CHENNAI - 600 040.
68.K.SRIPRIYA,
W/O.S.KRISHNAN,
W-33 1ST STREET, SAROJINI ENCLAVE,
FLAT-C 1ST FLOOR, ANNA NAGAR,
CHENNAI - 600 040.
69.C.RAJESHWARI,
W/O.MR.R.CHANDRASEKAR,
NO.25/1 LAKSHMANAN NAGAR,
EAST STREET, PERAVALLUR,
CHENNAI - 600 082.
70.S.A.SHANKUGAM,
S/O.S.N.ARUMURGAM,
13A/7 3RD STREET,
ABHIRAMAPURAM,
CHENNAI - 600 018.
71.D.VIJAYARAGHAVAN,
S/O.O.DAMODARAN,
49 SARAVANA PERUMAL STREET,
PURUSAWALKAM,
CHENNAI -600 084.
72.MR.RAJESH KUMAR MAGGON,
S/O.SATHYA PAL MAGGON,
NEW NO.2 OLD NO.32 RATHNAM STREET,
ROYAPETTA,
CHENNAI - 600 014.
73.DR.B.SIVASHANKER,
S/O.DR.BALAMURUGAN,
NO.46 NEW HOSPITAL ROAD,
GOPICHETTYPALAYAM - 638 425.
74.T.PAINTHAMIL KUMARAN,
S/O.P.THANGAMANI,
PLOT NO.31 VILLAGE ROAD,
BALAJI NAGAR ETENSION II,
PUZHUTHIVAKKAM,
CHENNAI - 600 091.
75.MR.S.UMASANKAR,
S/O.SOMASUNDARAM,
NO.29 ELLAIAMMAN KOIL STREET,
MAKADU APARTMENTS,
WEST MAMBALAM,
CHENNAI - 33.
76.M.MURUGAN,
S/O.MUTHUSAMY,
NO.84-B VETTAVALAM ROAD,
TIRUVANNAMALAI DISTRICT.
77.S.A.NATARAJ,
S/O.S.ARUMUGAM,
3/33 ATHANUR, THAPPAKUTTAI POST,
ELAMPILLAI VIA SANKAGIRI TALUK,
SALEM DISTRICT.
78.S.RAJAGOPAL,
S/O.MR.SIVASAMY,
NO.19/C KOYYA THOPU,
VELANKANNI,
KEEVALUR - 611 111
NAGAPATTINAM DISTRICT,
TAMIL NADU.
79.S.BALASUBRAMANIYAN,
S/O.SANGAMESWARAN,
2 SABARI NAGAR,
COIMBATORE SOUTH PODANUR,
COIMBATORE,
TAMIL NADU 641 023.
80.R.VENKATESAN,
S/O.RAJAGOBALAN,
NO.113 MANAPARAI PATTY ROAD,
MANPARAI, THRICHY DISTRICT-621306.
81.R.GOPAL,
S/O.L.RAMASAMY NAICKER,
NO.177 VINAYAGARCOLONY,
BHARATHI NAGAR, 2BND STREET,
KOVILPATTI, TUTUCORIN DISTRICT.
82.RAMAR,
S/O.THIRUKODI NADAR,
NO.10/16 MAHAKAVI BHARATHI STREET,
KARPAGA VINAYAGAR COLONY,
VALASARAVAKKAM, CHENNAI.
83.DR.ZAKIR HUSSAIN,
S/O.A.SUBUDEEN,
NO.6/13 S.AMANZIL JAFFERSHA STREET,
GURU NATHAR PILLAI LANE,
TRICHY-620 008.
84.R.RAVINDRANATH,
S/O.E.RAMAKRISHNAN NAIR,
NO.35/1476B KOCHANANETH LANE,
SOUTH JANATHA ROAD,
PALARIVATTOM POST,
CHOCHIN-682 025,
KERALA.
85.DR.R.RAVICHANDRA PRABHU,
S/O.G.RAJAGOPAL,
C-1 ROYAL AVENUE,
THINDAL, ERODE-12.
86.S.A.K.SHEIK FAREETH,
S/O.ABDUL KATHER JAILANI,
NO.20 SOUTH STREET,
SINGARAYAN COLONY,
MADURAI-02.
87.SUBHA RANI DENASEKAR,
W/O.DENASEKAR,
C-24 FORT STATION ROAD,
5TH CROSS THILLAI NAGAR,
TRICHY-18.
88.S.JAGANATHAN,
S/O.SUBRAMANIAM JOTH NAGAR,
K.CHETTIPALAYAM,
TIRUPPUR, DISTRICT.
89.M.LOGANATHAN,
S/O.MAICKAM CHETTIAR,
3/128 L.N.S.BANK OPP.. KOVAI ROAD,
VADIVELU NAGAR, KARUR DISTRICT.
90.S.PADMINI,
D/O.R.S.CHARI,
NO.43/2 KARPAGAM APARTMENTS,
1ST FLOOR NORTH MADA STREET, MYLAPORE
CHENNAI - 600 004.
91.CYNTHIA SUSAN MATHEW,
D/O.T.J.MATHER VEELOOR RAJAN,
VILLA CLRA-1 CHURCH LANE,
CHAVADIMUKKU SREEKARYAM POST,
THIRUVANTHAPURAM -695 017,
KERALA.
92.V.SUBRAMANIYAN,
S/O.VARADARAJUPILLAI,
NO.105 TIRUVALLUVAR STREET,
SRIRANGAM, TRICHY-06.
93.DR.S.PREMILA,
W/O.SRIDHAR KRISHNAN,
269 G BANGALORE ROAD,
KRISHNAGIRI - 635 001.
94.S.SUMATHI,
W/O.SENTHIL KUMAR,
1/744 SRI MEENATCHI NAGAR,
SATHIK KOTTAI,
DEVAKOTTAI- 630 302,
SIVAGANGAI DISTRICT.
95.B.GANESH BABU,
S/O.BHUPATHI HANUMANTHA RAO,
C-12 RAMANIYAM MARVEL,
NO.7 SESHADARIPURAM, 1ST MAIN ROAD,
VELACHERRY, CHENNAI - 600 042.
96.P.RAJAGOPAL,
S/O.A.PERIASAMY,
NO.317/1 SALAM ROAD,
TIRUCHENGODE-637 211,
NAMAKKAL DISTRICT.
97.M.BABU,
S/O.MARUTHAMUTHU,
NO.H5 4/602 MULLAI NAGAR,
MOHANUR MAIN ROAD,
NAMAKKAL DISTRICT.
98.C.VENKATACHALAPATHY,
S/O.CHINNAPPAN,
NO.4/23 CHERAN MA NAGAR,
VILANKURICHI POST, COIMBATORE - 35.
99.SAMUEL MATHAI,
S/O.LATE S.MATHAI,
FOURESS VILLA
NANGIARAKULANGARA KARIPADO,
ALLEPPERY DISTRICT, KERALA.
100.D.MURUGADASAN,
NO.24 NATWEST APARTMENTS,
VISWAS NAGAR ,
MADURAVOYAL, CHENNAI-600 055.
101.V.RAMAMOORTHY,
S/O.R.VENKATARAGHAVAN,
NO.2/267 PILLAYAR KOIL ST,
VALLAM (VIA) THANJAVUR TK,
PILLAYARPATTI,
THANJAVUR DISTRICT-613 403.
102.S.RAJA MOHAMMED
S/O. M.SYED MOHAMMED,
2/80 C.AKBAR STREET,
AGNI BAZAAR,
ARANTHANGI 614 616,
ARANTHANGI TALUK,
PUDUKOTTAI DT.
103.R.CHEZHIYAN,
S/O.R.RAMIAH,
NO.T.S.NO.464/3 KEEZHA 5TH STREET,
PUDUKOTTAI 622 001.
104.IBRAM SHA,
S/O. JAMALUDEEN,
NO.7/3 BHARATHIDASAN STREET,
ARANTHANGI,
PUDUKOTTAI DISTRICT.
105.DR.K.V.NAVEEN BASHEER,
S/O.K.V.ISMAIL BASHEER,
JAVEEN HOUSE,
TRIKKAVU POONNANI,
KERALA-679577.
106.V.RAMALINGAM,
S/O.R.VAITHILINGAM,
NO.5/130-2-ALADIPATTY NALLUR.P.O.,
ALANKULAM,
THIRUNELVELI DISTRICT-627 853.
107.C.ARUMUGAM,
S/O.CHINNAPPA UADIYAR,
247 THERKUKADU,
AATUR, SALEM DISTRICT.
108.MRS.BANUMATHI,
W/O.LATE V.MADHAVAN,
PLOT NO.240
HOUSE NO.6-1-297/3 WALKER TOWN,
VENKATAPURAM COLONY,
PADMARAO NAGAR,
SECUNDERBAD 500 025,
TELANGANA.
109.A.R.ARSHAD,
S/O.ABDUL AZEEZ,
NO.14/748 ARSHA NIVAS,
PERINGAMMALA,
TRIVANDRUM 695 563.
110.MOHANRAJ,
S/O.DURAIRAJ,
NO.09 GANGAI STREET,
KALAKSHETRA COLONY,
BESANT NAGAR,
CHENNAI-600 090.
111.R.MURUGANANAD,
S/O.LATE P.RAMAMURTHY,
NO.103 EAST MAIN STREET,
THANJAVUR-613 001.
112.S.KANNAIAH,
S/O.SUNDARAM PILLAI,
3RD WARD THENI MAIN ROAD,
USILAMPATTI,
MADURAI-625 532.
113.G.KANNAN,
S/O.GANESAN,
NO.6/35 A1-B THOOKKANAMPATTY,
METTUR DAM,
SALEM DISTRICT,
TAMIL NADU.
114.E.RAYASEDEEN,
S/O.SHIEK DAWOOD ESAK,
NO.38 VENKATESA CHOWDRY STREET,
WEST TAMBARAM, CHENNAI- 600 045.
115.P.L.KANNAPPAN,
S/O.K.N.PALANIAPPAN,
FLAT NO.2-A K.G.ETERNIA,
NO.14/50 K.B.DASAN ROAD,
ALWARPET CHENNAI-600 018.
116.R.S.SUNIL,
S/O.RAGHAVAN AARAMAM T.
C-29/649(2) SEELI NAGAR,
PETTAH POST 695 024,
TRIVANDRUM DISTRICT ,
KERALA STATE.
117.S.S.MOHAMED ZACHARIAH,
S/O.SYED IBRAHIM,
250 LINGHI CHETTY STREET,
CHENNAI-600 001.
118.DR.M.RAGHURAMAIAH
S/O.LATE M.ANKAIAH,
NO.16-2-759 SURABHI RAMIAH STREET,
SANKARA AGRAHARAM, NELLORE,
ANDRAPRADESH.
119.AUSTIN,
S/O.K.CHELLAPPAN,
NO.73 KARUNANIDHI STREET,
T.M.P.NAGAR, PADI, CHENNAI-600 050.
120.R.KAVITHA,
W/O.B.RAJASEKARAN,
108 HOSPITAL STREET,
THAMMAPATHI PO 636 113,
SALEM DISTRICT.
121. E.ARAVINDKUMAR,
S/O.M.ELUMALAI,
NO.3B BUS STAND STREET,
MEENAKSHI NURSHING HOME,
DEVAKOTTAI-630302.
122.VIJAYAN EDAVILAKOM,
S/O.KUNJAN,
KODUVAZHANOOR,
TRIVANDRUM KERALA.
123.RAJESWAR,
S/O.KRISHNAN UNNI,
VRINDHAVAN VANCHIYOOR,
TRIVANDRUM, KERALA.
124.K.SENTHILKUMAR,
S/O.P.KANDAN,
DOOR NO.1/113 L4A
ALAGUSAMUDRAM STEEL PLANT POST,
SALEM DISTRICT.
125.D.RAVI,
S/O.K.R.DURAIRAJAN,
NO.57 1ST MAIN ROAD,
RAMALINGA NAGAR,
WORAIYUR,
TRICHY-620 003.
126.M.ANANDHI,
W/O.R.MURALI,
51A ARULANANDHA AMMAL NAGAR
III CROSS,
TANJUR-613007.
127.N.RAJENDRAN,
S/O.NATESA UADAYAR,
NO.190A 1ST STREET,
SAMIYAPPA NAGAR,
VADAKKU MADHAVI ROAD,
PERAMBALUR DISTRICT,
TAMILNADU-621212.
128.E.MARIAPPAN,
S/O.C.EZHUMALAI,
PLOT NO.10 ARUL ILLAM R.M.S.COLONY,
KARUMANDAPAM,
THIRUCHIRAPALLI-620 001.
129.S.RAJA,
S/O.SEENIVASAN,
NO.1/187 VEPPANTHATTAI,
VEPPANTHATTAI TALUK,
PERAMBALUR DISTRICT-621 116.
130.M.K.MARIMUTHU,
S/O.KULANDAIVELU,
NO.315 RAGHA ILLAM,
KAMARAJ NAGAR,
UTHANGARAI POST,
KRISHNAGIRI DISTRICT.
131.D.PANNEER SELVAM,
S/O.DHANAPAL,
NO.23 OLD SCHOOL STREET,
PETHULMETIPET,
LAWSPET POST,
PUDUCHERRY-605 008.
132.ABDUL RAHEEM,
S/O.KADHAR BATCHA,
NO.72 SOUTH KADAYA STREET,
TENKASI,
TIRUNELVELI DISTRICT,
TAMIL NADU-627 811.
133.L.D.ISHWARYA,
W/O.B.SHANKAR,
31/15 RAMALINGA VALLALAR NAGAR,
ATHUR, SALEM 636 102.
134.MOTE SRIKANTH,
S/O.MOTE AILAIAH,
8-86 SAINAGAR COLONY
NEAR COMMUNITY HALL,
GHATSAGARMANDAL
PEERZADIGUDA MEDIPALLI RANGAREDDY ,
ANDRAPRADESH-98.
135.DR.SRINIVAS,
S/O.RAJAGOPAL,
VILLA NO.27 ALLIANCE
BOUGAIN VILLEA,
IYYAPANTHANGAL,
CHENNAI-56.
136.P.SUNDARAM,
S/O.PERUMAL,
4/600 AB ANDANAR NAGAR,
TRICHY ROAD,
NAMAKKAL,
NAMAKKAL DISTRICT.
137.DR.G.PALANISELVAM,
S/O.GOVINDASAMY,
10/2 SHANTHI NAGAR,
4TH STREET,
AMMAPETTAI,
THANJAVUR DISTRICT PIN-614 401.
138.M.R.R.RAVICHANDRAN,
S/O.M.R.RADHA,
NO.15 LILLY NAGAR,
AMMAPETTAI,
CHIDAMBARAM-608 401.
139.K.BHARATHJAYAKODI,
W/O.KAMARAJ,
NO.24/18 DESIYA COLONY,
PERAMBUR, CHENNAI-600 012.
140.M.AHAMED MEERAN,
S/O.MOHAMED ADAM,
NO.34 PILLAIYAR KOVIL STREET,
SENKOTTAI,
THIRUNELVELI DISTRICT-627 809.
141.DR. E.M.G.S.GOPALAKRISHNAN PANDIAN,
S/O.E.M.G.SOUNDARARAJAN,
NO.42 RAJA STREET,
THIRUVARUR.
142.DR.A.NITHESH KUMAR JAIN
S/O.LATE T.ASHOK KUMAR JAIN,
NO.3/846 THIRUVALLUR ROAD,
SUNGUVARCHATHRAM,
KANCHIPURAM DISTRICT-602 106.
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Prayer in Crl.O.P.No.3154 of 2017:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records connected with Crime No.143 of 2016 now pending before the learned XI Metropolitan Magistrate, Saidapet, Chennai and to quash the same insofar as the petitioner herein is concerned.
For Petitioner :Mr.B.Kumar, Sr. counsel
for Mr.Dr.V.Venkatesan
For Respondent
No.1 :Mr.C.Iyyapparaj, APP
Nos.2,7 to 53, 78 :Mr.R.C.Paul Kanagaraj
No.3 :Mr.K.Elango
No.4 : Mr.K.Sendhilnathan
No.5 : Mr.P.S.Amalraj
No.6 :Mr.P.Chandrasekar
No.54 & 55 :Mr.S.Sairaman
No.56 to 59 :Mr.M.Mohammed Rafi
No.60 :Mr.A.Ilaya Perumal
No.61 :Mr.N.A.Hussain
No.62 :Mr.V.P.Rajendran
Nos.63 & 64 :Mr.D.Saravana Kumar
No.65 to 68, 95 :Mr.B.Senthil Kumar
No.69 :Mr.R.Balakumar
No.70 :M/s.J.Tamilarasi Associates
No.71&73 : Mr.S.Sathish
No.72 :D.Vijayaraghavani
(Party in person)
No.74 :Mr.Teena Rita David
No.75 :Mrs.D.Gowri
No.76 :Mr.S.A.Shanmugham
No.77 :Mrs.Vimal.B.Crimson
No.79 :Mrs.Thilagavathi
No.80, 127,128 &129 :Mr.D.Lourthu
No.81, :Mr.N.Naganathan
No.82 :Mr.K.Balu
No.83 to93,134,135 : Mr.J.Srinivasan
No.94 : Mr.G.Jearamy
No.96 : Mr.C.Munusamy
No.97,98,107 :Mr.R.Rajasekaran
No.99 :Mr.V.P.Sengottuvel
No.100 :M/s.Sree and Associates
No.101 to 104 : Mr.R.Ravindran
No.105 :Mr.J.Srinivasan
No.106 :Mr.R.Sankarasubbu
No.108 :Mr.S.Thankasivan
No.109&110 :Mr.S.Gunasekaran
No.111 :Mr.T.Karunakaran
No.112 :Mr.V.Pavel
No.113 :Mr.Amar D.Pandiya
No.114,115,116 :Mr.S.Joel
No.117 :Mr.D.I.Nathan
No.118 :Mr.N.Anand
No.119 :Mr. Kumar
No.120 :Mr.T.Surendran
No.121 :G.DJearany
No.122,123 :Mr.V.Ajayakumar
No.124 :Mr.P.John
No.125 :Mr.S.S.Raveekumar
No.126 :Mr.R.Karunkaran
No.130 :Mr.S.Rajkumar
No.132 :Mr.A.R.Shivakumar
No.133 :Mr.Karan and Uday
No.137 and 141 :Mr.V.Bhiman
No.138 :Mr.M.Dhamodhara Krishnan
No.139 :Mr.K.Gopi
No.140 :Mr.Jeena Rita David
No.142 :Mr.R.Jayaprakash
Impleaded the respondents 3 to 80 as per the order of this Court dated 15.03.2017 in Crl.M.P.Nos.2561 to 2563, 2657, 2658 to 2705, 2707 to 2710, 2899, 2953, 3002, 3173, 3174, 3176 to 3179, 3391, 3480, 3555, 3520, 3554, 3560, 3559, 3636, 3798, 3873, 3217 and 3215 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondents 81 to 98 as per the order of this Court dated 20.03.2017 in Crl.M.P.Nos.4057, 4079, 4143, 4169 to 4178, 4193, 4192, 4217, 4260 & 4261 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondents 99 to 113 as per the order of this Court dated 24.08.2017 made in Crl.M.P.Nos.4307, 4391, 4572 to 4575, 4713 to 4715, 4872, 4887, 4890, 5187, 5530 & 9975 of 2017 in crl.O.P.No.3154 of 2017.
Impleaded the respondents 114 to 119 as per the order of this Court dated 05.10.2017 made in crl.M.P.Nos.12486, 12487, 12488, 12493, 12494 and 12518 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondents 120 to 132 as per the order of this Court dated 11.10.2017 made in Crl.M.P.Nos.12758 to 12767, 12775, 12776 and 12861 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondents 133 to 138 as per the order of this Court dated 13.10.2017 made in Crl.M.P.Nos.13019 to 13024 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondent 139 as per the order of this Court dated 23.10.2017 made in Crl.M.P.No.13110 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondent 140 as per the order of this Court dated 30.10.2017 made in crl.M.P.No.13159 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondent 141 as per the order of this Court dated 30.11.2017 made in Crl.M.P.No.14877 of 2017 in Crl.O.P.No.3154 of 2017.
Impleaded the respondent 142 as per the order of this Court dated 04.12.2017 made in Crl.M.P.No.15385 of 2017 in Crl.O.P.No.3154 of 2017.
In Crl.O.P.No.20892 of 2017
M.K.MARIMUTHU ... Petitioner
Vs.
STATE REP. BY
1.THE COMMISSIONER OF POLICE,
O/o.THE COMMISSIONER OF POLICE,
VEPERY, CHENNAI-600 007.
2.THE INSPECTOR OF POLICE,
CENTRAL CRIME BRANCH,
O/o.THE COMMISSIONER OF POLICE,
VEPERY, CHENNAI-600 007. ... Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register a case on the basis of the complaint given by the petitioner dated 18.08.2017 against the above said person named in the complaint and investigate into the matter and submit a report to the Court.
For Petitioner :Mr.S.Rajakumar
For Respondents :Mr.C.Iyyapparaj, APP
O R D E R
By an earlier order dated 30.10.2017, the proceedings as against the petitioner herein came to be quashed and the remaining claimants were permitted to approach the Hon'ble Court Commissioner seeking for adjudicating their claims.
2.When the matter was listed on 30.11.2017, the Hon'ble Court Commissioner by report dated 29.11.2017, had observed that out of the old 136 claimants 131 claims were settled; 2 claims were not entitled and 3 claims were withdrawn by the claimants. Apart from that, out of 12 new claims, 10 claims were adjudicated and settled and two claims could not be adjudicated due to incomplete investigation and for want of time. Observing so, the Hon'ble Court Commissioner remarked that if two weeks time could be granted, the said two claims can also be adjudicated.
3.The report of the Hon'ble Court Commissioner reads as follows:-
REPORT OF THE COURT COMMISSIONER DATED : WEDNESDAY, 29th NOVEMBER, 2017 (In the Matter of T.R.Pachamuthu @ Parivendhar Vs. State by Additional Deputy Commissioner of Police & Others Crl.O.P.No.3154 of 2017 And Madhan Vs. State by Inspector of Police, CCB Team-II, Chennai Crl.O.P.No.3710 of 2017 CCB Crime No.143 of 2016) I, Justice N.Paul Vasanthakumar, retired Chief Justice of Jammu & Kashmir High Court, appointed as Court Commissioner by this Honourable Court in Crl.O.P.No.3154 and 3710 of 2017 by orders dated 6.9.2017, filed a Report dated 21.9.2017 before the Court.
2.Pursuant to the further orders dated 30.10.2017 of this Honble Court, on receipt of advance copy of the order, on 1.11.2017, I have sent communications to Dr.V.Venkatesan, Advocate on record for Mr.T.R.Pachamuthu @ Parivendhar, the petitioner in Crl.O.P.No.3154 of 2017 (CCB Crime No.143 of 2016), asking to be present for confirming the amounts already adjudicated and for disbursement of cheques to the Claimants and further adjudication of fresh claimants, as per the orders of the Honble Supreme Court and High Court.
3.I have also sent a communication on 1.11.2017 to the Registrar General, High Court, Madras with a request to depute Mr.V.Ravi and two Assistants, who were deputed earlier, for the assistance of the Commissioner. The Member Secretary of the State Legal Services Authority was also addressed seeking allotment of the same venue for continuing the assigned work of the Commissioner.
4.Accordingly, Mr.V.Ravi, Assistant Registrar (formerly attached Personal Assistant to me) and Mr.N.Vinothkumar & Mr.S.Karthick, Assistant Section Officers, working in High Court, Madras are allotted for the assistance of the Court Commissioner till completion of the work.
FRIDAY, 3rd NOVEMBER, 2017
5.Mr.S.Radhakrishnan, Additional Deputy Commissioner, Vepery, Chennai, the Investigating Officer in the case and Mr.V.Ravi, Assistant Registrar, High Court, Madras (on deputation) were present.
6.The Additional Deputy Commissioner, the Investigating Officer was instructed to intimate to all the Claimants about the date and time for confirming the claim and for disbursement of cheques/ further enquiry and for fresh adjudication of fresh claims from 6.11.2017 onwards. Accordingly, intimations were sent by the Investigating Officer through SMS, to all the Claimants mentioning the dates for their appearance as follows:
6-11-2017 .. 47 Claimants (27 claims with no difference in amount + 10 claims with difference in amount + 3 claims returned to Court + 7 new claims) 7-11-2017 .. 40 Claimants (27 claims with no difference in amount + 10 claims with difference in amount + 3 claims returned to Court) 8-11-2017 .. 40 Claimants (27 claims with no difference in amount + 10 claims with difference in amount + 3 claims returned to Court) 9-11-2017 .. 16 Claimants (4 claims with no difference in amount + 10 claims with difference in amount + 2 claims returned to Court) MONDAY, 6th NOVEMBER, 2017
7.Day's Proceedings started at 11.00 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present.
8.Dr.V.Venkatesan and Mrs.B.Saraswathi, Advocates on record for T.R.Pachamuthu @ Parivendhar, the petitioner in Crl.O.P.No.3154 of 2017 were also present. 9.27 Claimants whose claims were already adjudicated without dispute; 10 claimants, whose claims were adjudicated with difference in claim amount; 3 claimants, whose claims were referred to Court; and 7 fresh claimants, totally 47 Claimants were present.
10.The Investigating Officer filed a report stating that apart from the 136 claims already pending, 7 new claims are also made and that all the claimants are duly informed to attend the proceedings to be started from 6.11.2017.
11.During the day, claims of 38 Claimants were confirmed one by one. The claims of the Claimants in Sl.Nos.N-1 & N-2 were adjudicated; and the Claims of Claimants in Sl.Nos.54/136, 97/136, 133/136, N-2, N-4, N-5, N-6 & N-7 were adjourned in the presence of the learned Counsels for the Petitioner Mr.T.R.Pachamuthu @ Parivendar and the Investigating Officer.
12.The learned XI Metropolitan Magistrate was instructed to issue cheques to 38 Claimants as per the Proceedings issued to him. Accordingly cheques were issued to 38 Claimants to the tune of Rs.34,30,50,000/- after getting sureties and stamped receipt. The learned XI Metropolitan Magistrate also issued necessary Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 38 Claimants.
13.The individual verification of the claims of the Claimants for the day titled Daily Proceedings of the Court Commissioner is attached as ANNEXURE-I. TUESDAY, 7th NOVEMBER, 2017
14.Days Proceedings started at 11.00 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present. 15.27 undisputed already adjudicated claims were confirmed one by one; 10 claims of difference in amounts; one adjourned claim; and three Claims referred to Court, were also taken up today in the presence of the learned Counsel for the Petitioner Mr.T.R.Pachamuthu @ Parivendhar.
16.The learned XI Metropolitan Magistrate was instructed to issue cheques to 37 Claimants as per the Proceedings issued to him after getting sureties and stamped receipt. Cheques were issued to 37 Claimants to the tune of Rs.17,27,80,000/-. The learned XI Metropolitan Magistrate also issued necessary Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 37 Claimants for the said sum.
17.The claims of the Claimants in Sl.Nos.102/136 and 122/136 were adjudicated; and the Claims of Claimants in Sl.Nos.131/136 and 136/136 are adjourned to 17.11.2017, in the presence of the learned Counsels for the Petitioner Mr.T.R.Pachamuthu @ Parivendar and the Investigating Officer.
The days proceedings concluded at 5.30 pm. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-II.
WEDNESDAY, 8th NOVEMBER, 2017
19.Days Proceedings started at 11.00 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present.
20. 26 undisputed adjudicated claims; 10 claims of difference in amounts; Two (2) adjourned claims; and Three (3) Claims referred to Court, were taken up today in the presence of the learned Counsel for the Petitioner Mr.T.R.Pachamuthu @ Parivendhar.
21.Claims of 37 Claimants were confirmed one by one and the learned XI Metropolitan Magistrate was instructed to issue cheques to 37 Claimants as per the Proceedings issued to him, after getting sureties and stamped receipts. Accordingly cheques were issued to 37 Claimants to the tune of Rs.21,29,00,000/-. The learned XI Metropolitan Magistrate also issued necessary Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 37 Claimants for the said sum.
22.The claims of the Claimant in Sl.No.N-4 was adjudicated; and the Claims of Claimants in Sl.Nos.88/136, 134/136 and 135/136 were adjourned to 17.11.2017, in the presence of the learned Counsels for the Petitioner Mr.T.R.Pachamuthu @ Parivendar and the Investigating Officer.
23.Claimant in Reference No.70/136 P.Rajagopals claim was initially taken up for verification on 15.9.2017 and his claim was adjudicated on 20.9.2017. However, due to typographical error, while preparing table in the Day Proceedings dated 20.9.2017, and in the Commissioners Report dated 21.9.2017, the Claimants name, students name and the amount have been wrongly typed. The same has been explained to Dr.V.Venkatesan and Mrs.B.Saraswathi, learned Counsels for the petitioner T.R.Pachamuthu @ Parivendar and the claimant, and with their consent, necessary corrections were made.
24.The days proceedings concluded at 6.00 pm. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-III.
THURSDAY, 9th NOVEMBER, 2017
25.Days Proceedings started at 10.30 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present.
26. 7 undisputed adjudicated claims; 10 claims of difference in amounts; Two (2) Claims referred to Court, were taken up today in the presence of the learned Counsel for the Petitioner T.R.Pachamuthu @ Parivendhar.
27.During the day, claims of 17 Claimants to the tune of Rs.12,67,00,000/- are confirmed; and the Claims of Claimants in Sl.Nos.107/136 and 132/136 are adjourned to 17.11.2017, in the presence of the learned Counsels for the Petitioner Mr.T.R.Pachamuthu @ Parivendhar and the Investigating Officer.
28.The learned XI Metropolitan Magistrate was instructed to issue cheques to 17 Claimants as per the Proceedings issued to him after getting sureties and stamped receipts. Accordingly, cheques were issued to 17 Claimants to the tune of Rs.12,67,00,000/-. The learned XI Metropolitan Magistrate also issued necessary Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 17 Claimants for the said sum.
29.As the premises of the State Legal Services Authority was utilised for about 15 days for verification of the claims of the Claimants and for disbursement of cheques, I suggested to Dr.V.Venkatesan, learned Counsel for Mr.T.R.Pachamuthu @ Parivendhar for payment of a reasonable amount for utilization of the 2nd Floor of the State Legal Services Authority buildings. The learned Counsel submitted that he will consult his client and intimate the quantum of amount.
30.The days proceedings concluded at 6.00 pm. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-IV.
FRIDAY, 17th NOVEMBER, 2017
31.Days Proceedings started at 11.00 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present. 32.14 Claimants were directed to be present and all the 14 Claimants were present. The learned Counsels for the Petitioner T.R.Pachamuthu @ Parivendhar were also present.
33. The Investigating Officer after further investigation of some of the Claimants, submitted a consolidated report dated 17.11.2017.
34.During the day, 3 claims were adjudicated in favour of the Claimants in the presence of the learned Counsel for the Petitioner to the tune of Rs.75,00,000/-.
35.The Claim petition of S.Rajagopal (131/136) was closed as withdrawn as the Claimant made an endorsement in the claim petition to seek remedy before the Trial Court during trial.
36.Rest of the 10 claims of N-5, N-6, N-7, 88/136, 107/136, 133/136, 134/136, 135/136 and 136/135 were adjourned to 21.11.2017.
37.The learned XI Metropolitan Magistrate was instructed to issue cheques to 3 Claimants as per the Proceedings issued to him after getting sureties and stamped receipts. Accordingly, cheques were issued to 3 Claimants to the tune of Rs.75,00,000/-. The learned XI Metropolitan Magistrate also issued necessary Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 17 Claimants for the said sum.
38.The days proceedings concluded at 6.00 pm. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-V. TUESDAY, 21st NOVEMBER, 2017
39.Days Proceedings started at 11.00 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present.
40.Mr.V.Venkatesan, learned Counsel for the petitioner Mr.T.R.Pachamuthu @ Parivendhar produced a Demand Draft bearing No.760312 dated 17.11.2017 for a sum of Rs.5 Lakhs (Rupees Five Lakhs only) in favour of The Member Secretary, T.N.State Legal Services Authority, on City Union Bank Limited, Chennai Rangarajapuram Branch, for utilization of the 2nd Floor of the T.N.State Legal Services Authority premises, for the purpose of adjudication and disbursement proceedings. The said DD was handed over to the Member Secretary, T.N.Legal Services Authority in person. The original receipt issued by the Member Secretary in the name of Mr.V.Venkatesan, learned Counsel for the Petitioner has been handed over to the Counsel. Copy of the covering letter of the Commissioner addressed to the Member Secretary, copy of the receipt issued by Member Secretary are enclosed along with the Minutes of the Commissioner dated 21.11.2017.
41. 10 Claimants were directed to be present and all the 10 Claimants were present.
42.During the day, 6 claims were adjudicated in favour of the Claimants in the presence of the learned Counsel for the Petitioner.
43.The learned XI Metropolitan Magistrate was instructed to issue cheques to 4 Claimants on 21.11.2017 to the tune of Rs.3,33,25,000/- after getting sureties and stamped receipts and for 2 Claimants on 22.11.2017 to the tune of Rs.70,00,000/- on receipt of the original property document received by the those claimants from Basheer through Kerala Police, as per the Proceedings issued to him. Accordingly, cheques were issued to 4 Claimants on 21.11.2017. The learned XI Metropolitan Magistrate also issued necessary Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 4 Claimants on 21.11.2017 and for 2 Claimants on 22.11.2017 for the said sum.
44.The claim of M.R.R.Ravichandran (88/136) was not entertained after giving personal hearing to the Claimant and learned Counsel for the claimant, as the claim is not maintainable as against SRM Institution. The reasons/observations of the Commissioner is recorded in the Daily Proceedings of the Commissioner dated 21.11.2017.
45.The Claim petitions of Dr.L.D.Ishwarya (134/136); Dr.Srinivasan (135/136); and Dr.Mote Srikanth (136/136) are closed as they have sworn in individual affidavits stating that they have no claim as against SRM Medical College and MGM Medical College, Puducherry. These Claimants have sworn in their individual affidavits on the basis of the affidavit sworn-in by the Chairman of the MGM Medical College, Puducherry, dated 20.11.2017.
46.Days proceedings concluded at 6.30 p.m. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-VI.
MONDAY, 27th NOVEMBER, 2017
47.Days Proceedings started at 11.00 a.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present.
48.Dr.V.Venkatesan and Mrs.B.Saraswathi, learned Counsels for the petitioner were present.
49.Three (3) new Claimants were present and all the 3 Claims were verified in the presence of the learned Counsel for the Petitioner.
50.The Investigating Officer filed his consolidated report on examination of three new claimants and one Agustine Mathew and M.D.N.N.Kumar, connected with the Claim of Dr.Srinivasan (135/136), whose claim was closed on 21.11.2017 recording his affidavit by the Investigating Officer.
51.During the day, 2 claims (N-8 & N-9) were adjudicated in favour of the Claimants in the presence of the learned Counsel for the Petitioner.
52.The learned XI Metropolitan Magistrate was instructed to issue cheques to 2 Claimants for a sum of Rs.70,00,000/- on receipt of necessary sureties and stamped receipt, as per the Proceedings issued to him. Accordingly, cheques were issued to 2 Claimants on 27.11.2017 itself. The learned XI Metropolitan Magistrate also issued Proceedings to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques to 2 Claimants on 27.11.2017 for the said sum.
53.For production of sureties by the claimant (N-10) K.Palanisamy and for enquiry with regard to the claim of one M.Selvam (N-11), further proceedings was adjourned 28.11.2017.
54.Days proceedings concluded at 6.30 p.m. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-VII.
TUESDAY, 28th NOVEMBER, 2017
55.Days Proceedings started at 2.00 p.m. Mr.S.Prakash, learned XI Metropolitan Magistrate, Saidapet, Chennai-15; Mr.K.Vijayakumar, Mr.V.Krishnamurthy, learned Advocates; and the Investigating Officers were present.
56.Dr.V.Venkatesan and Mrs.B.Saraswathi, learned Counsels for the petitioner were also present.
57.During the day, the claim of (N-10) K.Palanisamy was adjudicated for Rs.55 Lakhs in favour of the Claimant in the presence of the learned Counsel for the Petitioner. The learned XI Metropolitan Magistrate was instructed to issue cheque for Rs.55 Lakhs on receipt of necessary sureties and stamped receipt, as per the Proceedings issued to him, vide Enclosure-1. Accordingly, cheque was issued on 28.11.2017. The learned XI Metropolitan Magistrate also issued Proceedings dated 28.11.2017 to the State Bank of India, Srinager Colony Branch, Saidapet, Chennai, intimating issuance of cheques for a sum of Rs.55 Lakhs to (N-10) K.Palanisamy, vide Enclosures-2.
58.The Investigating Officer filed a report dated 28.11.2017, pursuant to the enquiry made with (1) Agustine Mathew, (2)M.D.N.N.Kumar, and (3) M.Selvam (N-11).
59.With regard to the complaints made by Agustine Mathew and M.D.N.N.Kumar, during the enquiry with them, they withdrew their complaints and they explained the circumstances under which their sons got admission into MD course in Meenakshi Medical College, Enathur through Dr.Srinivas.
60.With regard to (N-11) M.Selvam, the Investigating Officer submitted that one Velrajan and Kumar could not be traced and a special team has been formed to nab them and hence sought further time. Recording the submission of the Investigating Officer the claim with regard to this claimant could not be adjudicated.
61.The Claim of (N-12) G.Banumathy, who appeared for the first time before the Commissioner on 28.11.2017 could not be verified and adjudicated as there is no complaint pending before the police in Tamilnadu, and that the complaint preferred by the claimant in Kerala Police is pending trial before the Court of Judicial Magistrate, Vanchiyoor, Tiruvananthapuram, Kerala State.
62.Days proceedings concluded at 4.00 p.m. The days detailed verification of the claims titled as Daily Proceedings of the Court Commissioner is attached as ANNEXURE-VIII.
63.Thus, totally 141 claims were confirmed/adjudicated in the presence of Dr.V.Venkatesan and Mrs.B.Saraswathi, learned Counsels for the petitioner Mr.T.R.Pachamuthu @ Parivendhar and cheques were disbursed for a total sum of Rs.87,61,55,000/- (Rupees Eighty Seven Crores, Sixty One Lakhs and Fifty Five Thousand only) between 6.11.2017 and 28.11.2017. The consolidated statement is as follow:
Sl.No High Court Ref.No. (as per Annexure to Order) Name of the Claimants Name of the Student Amount (In Rupees) Cheque No. & Date
1. 1/136
Dr.K.Jayachandran K.J.Dakshin Rs.53 Lakhs 355671 dt.6.11.2017
2. 2/136 Sukumar Mithilesh Rs.46 Lakhs 355672 dt.6.11.2017
3. 3/136 C.Pethuraj Manimaran Rs.80 Lakhs 355673 dt.6.11.2017
4. 4/136 Dr.A. Aanton Kumar Edin Dilanton Rs.56 Lakhs 378497 Dt.8.11.2017
5. 5/136 Peer Mohammed Asif Mohammed Rs.25 Lakhs 355710 dt.7.11.2017
6. 6/136 Ramasamy R.M.Sundar Murugan Rs.30 Lakhs 355711 Dt.7.11.2017
7. 7/136 Elangovan E.Suriya Narayanan Rs.24.80 Lakhs 355712 Dt.7.11.2017
8. 8/136 L.Philips Solomon Lourdy Charan Rs.50 Lakhs 35573 Dt.7.11.2017
9. 9/136 K. Amarnath Sai Viswanath Rs.45 Lakhs 355714 Dt.7.11.2017
10. 10/136 P.M.Raja Arunkumar Rs.25 Lakhs 355715 Dt.7.11.2017
11. 11/136 Nanzy Davis Rahul Devis Rs.55 Lakhs 355676 dt.6.11.2017
12. 12/136 Dr.P.Balakrishnan Karthick Ganesh Rs.25 Lakhs 355675 dt.6.11.2017
13. 13/136 Dr.D.Jaishankar J.P.Priyadarshini Rs.50 Lakhs 355716 dt.6.11.2017
14. 14/136 Baskara Sethupathi Pandian Cibi Sethupathy Rs.25 Lakhs 355717 dt.6.11.2017
15. 15/136 Jothiprakash Keerthivasan Rs.50 Lakhs 355677 dt.6.11.2017
16. 16/136 Muthukumar M. Rahul Rs.15 Lakhs 378498 Dt.8.11.2017
17. 17/136 A.S.Rajesh Kannan Yogesh Prabhu Rs.55 Lakhs 355718 Dt.7.11.2017
18. 18/136 Mohamad Muthu Syed Ali Fathima Rs.46 lakhs 355719 Dt.7.11.2017
19. 19/136 Dr. Thangamani Dhileepan Rs.1.10 Crores 378499 Dt.8.11.2017
20. 20/136 G.Dhamodharan D.Suresh Kumar Rs.1.49 Crores 355679 dt.6.11.2017
21. 21/136 V. Ramalingam Vinithra Rs.1.40 Crore 378500 dt.6.11.2017 22 22/136 U. Saravanan Swetha Rs.1.50 Crore 355678 dt.6.11.2017 23 23/136 K. Shanmugam Dhaneshwaran Rs.55 Lakhs 355720 Dt.7.11.2017 24 24/136 A.Jayaseelan Sushma Rs.35 Lakhs 378471 Dt.7.11.2017 25 25/136 P.Gunasekaran Pradeep Rs.40 Lakhs 378472 Dt.7.11.2017 26 26/136 K.Murugesan Sandya Rs.40 Lakhs 378473 Dt.7.11.2017 27 27/136 Dr.M.S.Nirmal Kumar Dr.M.S.Nirmal Kumar(Self) Rs.95 Lakhs 378474 Dt.7.11.2017 28 28/136 Akila Sampreeta Rs.55 Lakhs 378475 Dt.7.11.2017 29 29/136 Dr.K.Sakunthala Reshmi Priyanka Rs.60 Lakhs 355690 Dt.6.11.2017 30 30/136 R. Venkatesan Akash Sivan Rs.52 Lakhs 378476 Dt.7.11.2017 31 31/136 Mohamad Ibrimsha Ahamed Javed Rs.40 Lakhs 378477 Dt.7.11.2017 32 32/136 J.Jeyakumar J.Devaki Rs.45 Lakhs 378478 Dt.7.11.2017 33 33/136 Vijaya Kumar Jenni Rs.1.00 Crore 378501 Dt.8.11.2017 34 34/136 P.T.Ramar Sona Rs.70 Lakhs 355680 dt.6.11.2017 35 35/136 S.Chandrasekar Shanmugaprasad Rs.25 Lakhs 378479 Dt.7.11.2017 36 36/136 M. Vadivel Naveen Rs.30 Lakhs 378480 Dt.7.11.2017 37 37/136 Adapa Janardhan Rao Adapa Giri Prasann Rs.1.10 Crore 378502 Dt.8.11.2017
38. 38/136 K.P.Pasupathy A.P.Padmini Rs.45 Lakhs 355681 dt.6.11.2017
39. 39/136 Stephen Jeyasekar Shyju Ragland Rs.53 Lakhs 378503 Dt.8.11.2017
40. 40/136 B.Naresh R.Vishnu Priya Rs.1.60 Crores 355682 Dt.6.11.2017
41. 41/136 D.S.Ramesh Reshma Ramesh Rs.70 Lakhs 355683 Dt.6.11.2017
42. 42/136 N. Latha Nivedhitha Rs.1.00 Crore 355684 Dt.6.11.2017
43. 43/136 S. Prakash Dr.P.Chethan Rs.1.25 Crore 355685 Dt.6.11.2017
44. 44/136 T.Painthamil Kumaran B.G.Sree Sibi Chakravarthi Rs.68 Lakhs 355686 Dt.6.11.2017
45. 45/136 Narayanan Subramoney Akhil Subramoney Rs.55 Lakhs 355687 Dt.6.11.2017
46. 46/136 D.Murugadasan Akash Reddy Rs.72 Lakhs 355688 Dt.6.11.2017
47. 47/136 C. Rajeswari Eswar Rs.80 Lakhs 35569 Dt.6.11.2017 48 48/136 Akshay Kumar Akshay Kumar Rs.60 Lakhs 378533 Dt.8.11.2017
49. 49/136 Veeraragavan Arun Rs.1.10 Crore 355690 Dt.6.11.2017 50 50/136 Samuel Mathai Dr.Sanju Samuel Rs.90 Lakhs 378504 Dt.8.11.2017 51 51/136 M. Loganathan VIgneshwaran Rs.40 Lakhs 378481 Dt.7.11.2017
52. 52/136 Jutta Selvarajan Thomas Sejal Roy Rs.45 Lakhs 355692 Dt.6.11.2017
53. 53/136 D.Mohan Raj Aneesha Raj Rs.1.60 Crores 355693 Dt.6.11.2017
54. 54/136 K.Selvakumar B.S.Aravind Kumar Rs.55 lakhs 378476 dt.7.11.2017
55. 55/136 P. Changaiah R. Deepak Srinivas Rs.1.25 Crore 355694 Dt.6.11.2017
56. 56/136 K. Vijayakumar Sukesh Kumar Rs.80 Lakhs 378534 dt.9.11.2017
57. 57/136 R.Gopalsamy Soundarya Rs.53 Lakhs 378505 Dt.8.11.2017
58. 58/136 Dr.M.Chandra Bose R. Royce Rs.55 Lakhs 378506 Dt.8.11.2017
59. 59/136 S.M.Narasingam Sabarish Muthaiah Rs.40 Lakhs 378507 Dt.8.11.2017
60. 60/136 Rajesh Kumar Maggon Simran Maggon Rs.55 Lakhs 355695 Dt.6.11.2017
61. 61/136 D.Ravi R. Srinivasan Rs.1.00 Crore 378482 Dt.7.11.2017
62. 62/136 Dr.Cynthia Susan Mathew Dr.Cynthia Susan Mathew Rs.40 Lakhs 378535 dt.9.11.2017
63. 63/136 Dr.S.Pramila Vishnu Bhargavi Rs.55 Lakhs 378508 Dt.8.11.2017
64. 64/136 S.A.Natraj Aarthi Rs.55 Lakhs 378509 Dt.8.11.2017
65. 65/136 Umashankar Parivallal Rs.92 Lakhs 355696 Dt.6.11.2017
66. 66/136 E. Mariappan Balasubbulakshmi Rs.25 Lakhs 378483 Dt.7.11.2017
67. 67/136 S. Raja R. Ajay Vasan Rs.40 Lakhs 378484 Dt.7.11.2017
68. 68/136 Naveen Basheer Naveen Basheer Rs.60 Lakhs 378536 dt.9.11.2017
69. 69/136 H.Syed Mohamed Self Rs.1.25 Crores 355697 Dt.6.11.2017
70. 70/136 Rajagopal Ravi Bharathi Rs.40 Lakhs 378510 Dt.8.11.2017
71. 71/136 K. Senthilkumar Harish Rs.60 Lakhs 378549 dt.9.11.2017
72. 72/136 Austin Adams Aricklin Rs.30 Lakhs 355698 Dt.6.11.2017
73. 73/136 V. Ramamoorthy Sindhuja Rs.40 Lakhs 378485 Dt.7.11.2017
74. 74/136 S. Raja Mohamad Shamreen Rs.40 Lakhs 378511 Dt.8.11.2017
75. 75/136 R. Chezhian Abirami Rs.20 Lakhs 378512 Dt.8.11.2017
76. 76/136 M. Murugan Jeevitha Rs.45 Lakhs 378513 Dt.8.11.2017
77. 77/136 Dr.Raghuramaiah Dr.M.Indira Kumar Varma Rs.1.40 Crore 378537 dt.9.11.2017
78. 78/136 Shanmugam K.P.Vishnu Perumal Rs.50 Lakhs 355699 Dt.6.11.2017
79. 79/136 R. Ravichandraprabu Abishek Balaji Rs.19 Lakhs 378514 Dt.8.11.2017
80. 80/136 G. Kannan K. Jayaharish Rs.55 Lakhs 378515 Dt.8.11.2017
81. 81/136 V. Subramaniyam Abishek Rs.45 Lakhs 378516 Dt.8.11.2017
82. 82/136 Subarani D. Sriraman Rs.50 Lakhs 378517 Dt.8.11.2017
83. 83/136 N. Rajenthiran R. Atchaya Rs.40 Lakhs 378518 Dt.8.11.2017
84. 84/136 D.Vijayaraghavan Prarthana Rs.50 Lakhs 378486 Dt.7.11.2017
85. 85/136 R. Muruganantham Sheethal Rs.5 Lakhs 378519 Dt.8.11.2017
86. 86/136 M. Shenbagaraj Dr.S.Bharath Rs.55 Lakhs 378520 Dt.8.11.2017
87. 87/136 Dr.K.S.Sumathi S. Narumugai Rs.50 Lakhs 378521 Dt.8.11.2017
88. 88/136 M.R.R.Ravichandran R.Charumathi Claim not entertained as not maintainable as against SRM.
89. 89/136 K.Balaji Suriya Jagannath Rs.54.50 Lakhs 355700 Dt.6.11.2017
90. 90/136 S. Padmini P.Saranya Rs.1.39 Crore 355701 Dt.6.11.2017
91. 91/136 Dr.J.Dharmarajan Sreevidya Rs.55 Lakhs 355702 Dt.6.11.2017 92 92/136 G.Mohan M.Tharini Rs.53 Lakhs 355703 Dt.6.11.2017
93. 93/136 Sripriya Aniruth Krishnan Rs.53 Lakhs 355704 Dt.6.11.2017
94. 94/136 Ibramsha Mohamed Irfansha Rs.40 Lakhs 378487 Dt.7.11.2017
95. 95/136 R. Radhakrishnan Meenapriya Rs.50 Lakhs 378522 Dt.8.11.2017
96. 96/136 K.Balaji K.Balaji (Self) Rs.40 Lakhs 355705 Dt.6.11.2017
97. 97/136 A.Udayakumari Krithika Rs.10 Lakhs 378553 dt.17.11.2017
98. 98/136 Dakshinamurthy Haripriya Rs.1.00 Crore 355706 Dt.6.11.2017
99. 99/136 Ravindranath Dr.Vinayak Rs.1.25 Crore 378538 dt.9.11.2017
100. 100/136 Jegannathan Nandhini Rs.50 Lakhs 378523 Dt.8.11.2017
101. 101/136 PL. Kannappan K.N.Meenakshi Rs.55 Lakhs 355707 Dt.6.11.2017
102. 102/136 Dr.E.Aravind Kumar Self Rs.40 Lakhs 378532 Dt.8.11.2017
103. 103/136 Dr.N.Viswanathan Dr.V.Senthil Namashivayam Rs.40 Lakhs 355708 Dt.6.11.2017
104. 104/136 R.S. Sunil Abiram Sunil Rs.75 Lakhs 378539 dt.9.11.2017
105. 105/136 C. Arumugam Yashwanth Rs.25 Lakhs 378524 Dt.8.11.2017
106. 106/136 Babu Sham Benjamin Rs.45 Lakhs 378488 Dt.7.11.2017
107. 107/136 Dr.B.Sivashankar Dr.B.Sivashankar Rs.75 Lakhs 378554 dt.21.11.2017
108. 108/136 Anandhi M. Keerthana Rs.50 lakhs 378489 Dt.7.11.2017
109. 109/136 M.Mushtak Ali Md.Rafi Ulhaq & Md.Ishaq Rs.1.40 Crore 355709 Dt.6.11.2017
110. 110/136 R. Chandrasekaran C. Nandhini Rs.40 Lakhs 378525 Dt.8.11.2017
111. 111/136 V. Latha S. Rohit Rs.44 Lakhs 378540 dt.9.11.2017
112. 112/136 Kumarakuru K. Janani Rs.70 Lakhs 378526 Dt.8.11.2017
113. 113/136 Panchineni Mahesh Panchineni Mahesh Rs.1.18 Crore 378541 dt.9.11.2017
114. 114/136 Dr.R.Elavarasu E.V.Elamukilan Rs.40 Lakhs 378527 Dt.8.11.2017
115. 115/136 K.G. Chandini Parvathy Rs.45 Lakhs 378528 Dt.8.11.2017
116. 116/136 Kanniah Pavithra Rs.43 Lakhs 378529 Dt.8.11.2017
117. 117/136 Dr.Zakir Hussain Dr.Zakir Hussain Rs.1.10 Crore 378530 Dt.8.11.2017
118. 118/136 Dr.S.A.K Sheik Fareeth Self Rs.1.50 Crore 378531 Dt.8.11.2017
119. 119/136 Prathap Raju Dhanya Dedeepya Rs.50 Lakhs 378490 Dt.7.11.2017
120. 120/136 C. Venkatachalapathy Kamalnath Rs.40 Lakhs 378542 Dt.9.11.2017
121. 121/136 S.S.Mohamed Jakkariya Md.Amir Hussain Rs.40 Lakhs 378491 Dt.7.11.2017
122. 122/136 M.Ahamed Meeran M.Halima Rs.40 Lakhs 378551 dt.17.11.2017
123. 123/136 R. Kavitha Vignesh Rs.99 Lakhs 378543 Dt.9.11.2017
124. 124/136 K. Abdul Raheem Mohamed Haroon Razeed Rs.56 Lakhs 378544 Dt.9.11.2017
125. 125/136 Banumathi Abhilash Rs.90 Lakhs 378545 Dt.9.11.2017
126. 126/136 Sheila Merlin Dr.Samuel Dev Merlin Rs.90 Lakhs 378492 Dt.7.11.2017
127. 127/136 S. Rajasekaran Prithviraj Rs.1.10 Crore 378546 Dt.9.11.2017
128. 128/136 B. Ganesh Babu Saranya Rs.1.10 Crore 378493 Dt.7.11.2017
129. 129/136 Thirumalai Srinivas Swetha Srinivas Rs.40 Lakhs 378494 Dt.7.11.2017
130. 130/136 Dr.E.Reyasudin R.Sherin Fargana Rs.25 Lakhs 378495 Dt.7.11.2017
131. 131/136 S.Rajagopal R.Lakshmi Prabha Claim closed based on endorsement made by the Claimant to work out remedy before the Trial Court.
132. 132/136 Dr.Arshad Dr.Arshad Rs.65 Lakhs 378557 Dt.21.11.2017
133. 133/136 PG.Prabhakar Reddy Nirvigna Anam Rs.1.50 Crores 378555 dt.21.11.2017
134. 134/136 Dr.L.D.Ishwarya Dr.L.D.Ishwarya
135. 135/136 Dr.Srinivasan
136. 136/136 Dr.Mote Srikanth Dr.Mote Srikanth All the three claims are closed as the Claimants sworn in affidavits stating that they have no claim as against SRM Medical College.
137. N-1 Dr.G.Palaniselvam P.Senthilvel Rs.40 Lakhs 378548 Dt.9.11.2017
138. N-2 Sundaram Anupriya Rs.25 lakhs 378552 dt.17.11.2017
139. N-3 D.Panneerselvam P.Vimalanathane Rs.10 Lakhs 378547 Dt.9.11.2017
140. N-4 K. Barath Jayakodi K. Bharathi Priya Rs.80 Lakhs 378550 Dt.9.11.2017
141. N-5 Dr.Marimuthu Jubiga Rs.43.25 Lakhs 378556 dt.21.11.2017 142 N-6 Vijiyan Edavilakom Anandhu Vijiyan Rs.35 Lakhs 378558 dt.22.11.2017
143. N-7 K. Rajeswar Ritin Raj Rs.35 Lakhs 378559 dt.22.11.2017
144. N-8 A. Meganathan Unnadhan Rs.30 Lakhs 378561 dt.27.11.2017
145. N-9 Dr.E.M.G.S. Gopalakrishna Pandian T.Thiyagesh Rs.40 Lakhs 378560 dt.27.11.2017
146. N-10 K.Palanichamy P.Sowmya Rs.55 lakhs 378562 dt.28.11.2017
147. N-11 M. Selvam S.Satheesh Could not be adjudicated as the Investigating Officer sought further time.
148. N-12 G. Banumathy Claim could not be adjudicated as no complaint is pending before Tamil Nadu Police and that the complaint preferred in Kerala is pending before the Judicial First Class Magistrate, Trivandrum for trial.
64.To sum up,
(i)Out of the old 136 claims, cheques were issued to 131 Claimants; 2 claims viz., 88/136 and 131/136 were not entertained; and 3 claims 134/136, 135/136 and 136/136 were closed based on the affidavits filed by the individual claimants as well as the Chairman of MGM, Puducherry.
(ii)Out of 12 new claims, 10 claims were adjudicated and cheques were issued to the claimants; and 2 claims could not be adjudicated due to incomplete investigation till date, for want of time. If further two weeks time is granted after investigation is over, the said two claims can also be adjudicated.
3.In the background of the above report, when the matter was called on 30.11.2017, Mr.B.Kumar, learned Senior Counsel for the petitioner submitted that the entire adjudication process took place at the Legal Services Authorities in the High Court premises and for the same a sum of Rs.5,00,000/- was also paid towards usage charges by the petitioner. The learned Senior Counsel for the petitioner submitted that when the petitioners were enlarged on bail, he had surrendered his passport before the learned XI Metropolitan Magistrate, Chennai and therefore sought for a direction to the trial Court to return the petitioner's passport. The learned Senior counsel, under instructions, submitted that the passport may be handed over to the petitioner's counsel.
4.Mr.Velliayaraj, learned counsel appearing for the one of the claimant namely M.Selvam, said that he had also paid a sum of Rs.57,00,000/-, for which he sought for this Court's indulgence to permit him to appear before the Investigating Officer as well as the Hon'ble Court Commissioner for adjudication.
5.Apart from the aforesaid Selvam, another claimant namely, Mrs.G.Banumathy also could not be adjudicated by the Hon'ble Court Commissioner for want of time.
6.Mrs.R.Suchira, learned counsel appearing for another claimant namely Dr.Nithesh Kumar Jain states that a sum of Rs.1,10,00,000/- has been paid and that the candidate is similarly placed as that of the other claimants.
7.Since the aforesaid three persons' claimed to be in possession of sufficient materials evidencing their payments, it was desirable to direct them to approach the Investigating Officer for the purpose of ascertaining the genuineness of their claims. In the meantime, since the process of adjudication was almost over and that the learned Senior Counsel appearing for the petitioner submitted that there can be no other claimants apart from the present claimants, I had observed that hence forth no further claim petitions from any claimants would be entertained on and from 05.12.2017 onwards. With the above observations the following directions were given :-
(a)The three claimants namely M.Selvam, G.Banumathy and Dr.Nithesh Kumar Jain are directed to approach the Investigating Officer namely the first respondent with their claims and on receipt of the claim, the first respondent shall conduct a thorough enquiry and place the report before the Hon'ble Court Commissioner within a period of one week from the date of receipt of a copy of this Order.
(b)The Hon'ble Court Commissioner, on receipt of the report of the Investigating Officer and other materials pertaining to the aforesaid three claims mentioned in the clause a above, shall adjudicate their claims and if found to be genuine, shall release the adjudicated claims to the respective parties preferably within a period of two weeks from thereon.
(c)The learned XI Metropolitan Magistrate, Chennai is directed to return the petitioner's New Indian Passport No. Z1761100 (Old Indian Passport No.A-7613693) deposited in Crime No.143 of 2016 to the learned Counsel for the petitioner namely Dr.V.Venkatesan, within a period of one week from the date of receipt of this order.
(d)In case the Hon'ble Court Commissioner is of the view that the claims are genuine and arrives at a figure, the petitioner shall make good the short fall of such amount, which is over and above the amount lying in the credit of Crime No.143 of 2016.
(e)In view of the Hon'ble Court Commissioner's report observing that all the 141 claims have already been adjudicated and paid the claim amounts, it is made clear that no further claim from these 141 claimants will be entertained.
(f)Nevertheless, the claimants in claim No.88/136 namely M.R.R.Ravichandran and 131/136 namely S.Rajagopal shall work out their remedies before the appropriate forum seeking their claims and such forum shall determain their claims without being influenced by the observations made in the Hon'ble Court Commissioner's report dated 29.11.2017.
(g)The petitioner shall pay a sum of Rs.5,00,000/- (Rupees five lakhs only) towards further remuneration to the Hon'ble Court Commissioner along with a sum of Rs.1,00,000/- (Rupees one lakh only) each to Mr.K.Vijayakumar and P.Krishnamurthy for their assistance to the Commissioner.
8.The matter was directed to be listed on 21.12.2017 for recording of the final report of the Hon'ble Court Commissioner.
9.Today, when the matter is listed, the Hon'ble Court Commissioner filed a final report dated 20.12.2017 wherein it was recorded that 142 claimants were settled with their claims. The said report dated 20.12.2017 reads as follows:
(In the Matter of T.R.Pachamuthu @ Parivendhar Vs. State by Additional Deputy Commissioner of Police & Others Crl.O.P.No.3154 of 2017 And Madhan Vs. State by Inspector of Police, CCB Team-II, Chennai Crl.O.P.No.3710 of 2017 CCB Crime No.143 of 2016) I, Justice N.Paul Vasanthakumar, retired Chief Justice of Jammu & Kashmir High Court, appointed as Court Commissioner by this Honourable Court in Crl.O.P.No.3154 and 3710 of 2017 by order dated 6.9.2017, filed a Report dated 21.9.2017.
2.Pursuant to the further order dated 30.10.2017 of this Honble Court as well as the order of the Honble Supreme Court, along with 136 initial claims, 12 new claims were taken up for verification in the presence of the learned Counsels for the petitioner, and a report was filed on 29th November, 2017 stating that out of the initial 136 claims adjudicated, cheques were issued to 131 claimants; claims of two Claimants were not entertained; and three claims were closed. Out of the 12 new claims, 10 claims were adjudicated in favour of the Claimants and cheques were issued, and two claims could not be adjudicated due to non-completion of investigation by the Investigating Officer for want of time. It was stated in the report that if further two weeks time is granted after investigation is over, the said two claims could also be adjudicated.
3.This Honble Court on perusing the said report dated 29.11.2017 and considering the submissions made by the learned Counsel for one of the Claimant viz., M.Selvam, whose claim could not be adjudicated due to incomplete investigation, directed the Investigating Officer to conduct thorough investigation and place the report before the Commissioner with regard to three Claimants namely, (N-11) M.Selvam, (N-12) G.Banumathy, and one another claimant (N-13) Dr.A.Nithesh Kumar Jain, who said to have paid a sum of Rs.1.10 crores for admission to MD General Medicine course. It was also mentioned in the order that in case the Court Commissioner is of the view that the claims are genuine and arrives at a figure the petitioner shall make good the shortfall of the amount over and above the amount lying in the credit of Cr.No.143 of 2016. With the above directions, the matter was directed to be listed on 21.12.2017 for recording the final report of the Court Commissioner.
4.On receipt of the said order dated 30.11.2017, the Investigating Officer was instructed to conduct investigation into the claims of the above said three persons viz., M.Selvam, G.Banumathy and Dr.Nithesh Kumar Jain and requested to file his investigation report. On such request, the Investigating Officer informed that he will complete the investigation by 13th December, 2017 and file his report by 14th December, 2017. Hence, it was decided to hold adjudication of the three claims on 14.12.2017 at 2.30 p.m. and the Investigating Officer was instructed to give intimation to the said three claimants for their appearance with relevant documents, who also intimated through phone to the said three Claimants for their appearance on 14.12.2017 at 2.30 p.m.
5.I also directed Mr.Ravi, Assistant Registrar, to inform the learned counsel for the petitioner and accordingly, Dr.V.Venkatesan, learned counsel for the petitioner was informed over phone about holding of adjudication of three claims at 2.30 p.m. on 14.12.2017. The learned XI Metropolitan Magistrate, Saidapet, Chennai and M/s.K.Vijayakumar and V.Krishnamurthy, Advocates, assisting the Commissioner were also informed about the date and time of adjudication of three claims.
6.At 2.30 p.m. on 14th December, 2017, the learned XI Metropolitan Magistrate, Saidapet, Chennai, Dr.V.Venkatesan and Mrs.B.Saraswathy, learned Counsels for the petitioner; M/s.K.Vijayakumar and V.Krishnamurthy, learned Advocates; Mr.V.Ravi, Assistant Registrar, High Court Madras; the Investigating officer; M/s.N.Vinothkumar and S.Karthick, Assistant Sections Officers were all present.
7.The Investigating Officer has filed his report dated 14.12.2017 (Enclosure No.3) pursuant to investigation of three claimants.
(N-13) Dr.A.Nithesh Kumar Jain .. Claimant
8.The Claimant appeared along with his Advocate Ms.R.Suchira, Enrl.No.2523 of 2006 and submitted Claim Form for Rs.1.05 Crores (Restricted). In the Complaint dated 7.12.2017 made before the Additional Deputy Commissioner of Police/Investigating Officer it is stated that he paid a sum of Rs.50 lakhs on 8.3.2016 and Rs.60 Lakhs on 20.4.2016 for admission to M.D General Medicine course in SRM Medical College for the academic year 2016-17 through Madan. He was not given admission and the said Madan started avoiding him initially, and thereafter went absconding. The Claimant filed an impleading petition No.15388 of 2017 in Crl.O.P.No.3154 of 2017, which was allowed by this Honble Court on 4.12.2017.
9.With regard to delay in preferring the complaint it is stated in the complaint that his father suddenly died due to cardiac arrest and his mother is not educated and he was also not aware as to how to proceed in the matter and his community being Jain, there are lot of restrictions to go to the Police Station and only after knowing the disbursement of amounts to similar claimants pursuant to the orders of this Court, he thought fit to lodge the complaint on 7.12.2017.
10.As there is a direction to consider his claim in the order dated 30.11.2017, the Claim of the Claimant was taken up for adjudication and the Claimant has produced the admission slip said to have been issued on 8.3.2016 and 20.4.2016. In the slip dated 20.4.2016 there is an endorsement FP (meaning Fully Paid, as explained by the IO).
11.The Claimant has filed an affidavit before the Commissioner stating that his father Ashok Kumar Jain had collected Rs.55 Lakhs of Rs.5,000/- each from several donors from Jain community in the name of Sree Trilokya Shankheshwar Parshwanath Tirth Trust, Kanchipuram, as Trustee of the Temple, which money was utilised by his mother for giving to Madan to get P.G. admission. His Mother Sujatha had given her original house document to another Trustee of the Temple viz., Suresh Jain Bafna, as security for the said sum and promised to repay the Trust money and get back the document. He has also mentioned about mobilization of Rs.35 lakhs through other source.
12.Mr.Suresh Kumar Bafna, another Trustee of the Trust, who received the house document was asked to appear. He appeared before me and filed a separate affidavit endorsing the statement made in the affidavit filed by the claimant. He has stated that once the claimant Dr.A.Nithesh Kumar Jain repay the amount of Rs.55 lakhs to the Trust, he will return the house document given by his Mother Sujatha, wife of Late Ashok Kumar Jain.
13.In the Investigation Report dated 14.12.2017 filed by the Investigating Officer, it is stated that the Claimants name is found in the whats-app list under the caption MD General Medicine, SRM Admission 2016-17 at page No.10, Sl.No.43. Receipt of Rs.1.05 Crore by the accused Madan is reflected in the computer entry at Page No.80 Sl.No.43. It is stated in the report that enquiry with accused Madan revealed that he received Rs.1.05 Crores from the Claimant.
14.In the light of the materials available for mobilising the amount, as well as overwhelming evidence produced by the Investigating Officer, the Claim of Rs.1.05 Crores is adjudicated in favour of Dr.A.Nithesh Kumar Jain, in the presence of the learned Counsels for the Petitioner.
(N-11) M.SELVAM .. Claimant.
15.This Claim could not be verified and adjudicated on 28.11.2017 as the Investigating Officer was unable to nab the accused Velrajan.
16.On 14.12.2017, the Investigating Officer filed a report stating that the Claimant Selvam approached one Mani of Salem to get MBBS Seat to his son Satheesh, and Mani in turn approached one Selvakumar of Mettur. All the three approached one Gowtham of Chennai and he introduced one Velrajan, said to be an employee of Income-Tax department. Velrajan took them to SIMS Hospital at Vadapalani and at the second floor he received Rs.20 Lakhs on 7.4.2015; Rs.10 Lakhs on 15.4.2015; and Rs.25 Lakhs on 6.5.2015 (Totally Rs.55 Lakhs). For having received the amount, Velrajan had issued an admission Card with SRM logo. As MBBS admission could not be secured, Velrajan gave an undertaking on 7.8.2015 accepting his liability and to repay the amount within 25 days. As the amount was not returned as promised, the claimant preferred a complaint in Cr.No.464 of 2015 on the file of Central Crime Branch, Chennai, the investigation of which was directed to be transferred to the file of City Crime Branch for investigation along with Cr.No.143 of 2016 as per the order of the Honble High Court in Crl.O.P.No.3861 of 2017 dated 22.9.2017.
17.According to the Investigation Officer, enquiry with the SRM University revealed that the Student ID Card produced by the Claimant Selvam was not issued by the University and in the Student ID Cards issued by the University, the name of the student along with roll number will be printed. It is also stated in the report that the claimant has not met Madhan and there is no entry with regard to the claimant in the computer and documents seized from Madhan.
18.The Investigating Officer has further stated in his report dated 14.12.2017 that his claim is not proved against the SRM Institution. The Claimant was cheated by one Velrajan, who is unable to be traced till date and a special team has been formed to locate him. The said report was given to the learned counsel appearing for the claimant and after perusing the report, the claimant after getting legal advise from his Advocate, has made an endorsement in the Claim Form reserving his right to make claim after completion of investigation in Cr.No.464 of 2015, which was counter signed by the learned counsel for the claimant Mr.K.Vellayaraj, Enrl.No.2992 of 2010. Hence this claim of M.Selvam is closed.
(N-12) G. BANUMATHI .. Claimant
19.The Claimant claims to have paid a sum of Rs.58 Lakhs for admission to her son B.Lekshin Dev and received back Rs.20 Lakhs and she has submitted the Claim Form for Rs.38 Lakhs. She has fairly stated that she has given a complaint before the Fort Police Station, Trivandrum, Kerala State on 23.6.2016, which was registered as Cr.No.1515 of 2016 under Sections 406, 420 IPC, against one Basheer, who was arrested on the next day and the said Basheer admitted having received money and after investigation, charge sheet was filed in the said case and the case is now pending in C.C.No.1515 of 2017 on the file of the Judicial First Class Magistrate Court No.2, Thiruvananthapuram. According to the Investigating Officer, the said case is posted for first hearing on 26.3.2018 and summons were issued.
20.The claimant submitted that she received back Rs.20 lakhs from the said Basheer. There is no material like admission slip issued by anyone related to SRM Institution, or name of her son found in the whats-app list and computer entry made by Madan. Even according to the claimant, the amount was not paid to Madan. In such circumstances, the claim made by the Claimant against SRM Institution is unable to be adjudicated in her favour. The Claimant can establish payment of Rs.38 Lakhs made to Basheer before the Criminal Court in Thiruvananthapuram, where the case is pending. The observations/findings made herein need not be put against the claimant in any proceedings, including criminal proceeding pending before the Judicial First Class Magistrate Court No.2, Thiruvananthapuram, and it is up to the Claimant to prove the claim in the manner known to law.
21.Thus, all the three claims are disposed of by sustaining the claim of Dr.A.Nithesh Kumar Jain for a sum of Rs.1.05 Crore; and rejecting the Claim of G.Banumathy. Insofar as the claim of M.Selvam is concerned, as stated supra, the claim is not pressed by the Claimant.
22.The learned XI Metropolitan Magistrate was instructed to issue cheque to Dr.A.Nithesh Kumar Jain, on furnishing necessary sureties to the satisfaction of the Court and after receiving stamped receipt, as per the Proceedings dated 14.12.2017 issued to him (Enclosure No.1).
23.At this juncture, the learned XI Metropolitan Magistrate submitted that the amount available in the account maintained by him in Cr.No.143 of 2016 as on 14.12.2017 is only Rs.70,53,145/- and there is shortage of funds and requested that a sum of Rs.35 Lakhs may be directed to be deposited by the petitioner on 18.12.2017, enabling him to issue cheque to the claimant as per the Proceedings of the Court Commissioner dated 14.12.2017.
24.Dr.V.Venkatesan, learned Counsel for the petitioner submitted that a sum of Rs.35 Lakhs will be deposited through RTGS by Monday, 18th December, 2017, in the account maintained by the learned XI Metropolitan Magistrate. In view of the same, the learned XI Metropolitan Magistrate was directed to issue cheque to the claimant on 19th December, 2017.
25.The learned XI Metropolitan Magistrate, Saidapet, Chennai-15 has submitted that on 18.12.2017 a sum of Rs.35 Lakhs was deposited by the petitioner in the Bank Account maintained by the learned XI Metropolitan Magistrate. He has also stated that Dr.A.Nithesh Kumar Jain, has submitted sureties to his satisfaction and a cheque was issued to him on 19.12.2017 for a sum of Rs.1.05 Crores on receipt of stamped receipt. The copy of the proceedings issued by the learned XI Metropolitan Magistrate to the State Bank dated 19.12.2017 is enclosed as Enclosure No.4.
26.Dr.V.Venkatesan, learned Counsel for the petitioner submitted that after issuing cheque to the Claimant Dr.A.Nithesh Kumar Jain, the balance amount available in the Bank account, may kindly be returned back to the Petitioner. The learned Counsel was informed that the proper course would be to approach the Court.
27.I submit that in terms of the directions issued by this Honble Court dated 30.11.2017, the Claims of three claimants were adjudicated as stated supra, and I am submitting this final report, which may be recorded. I further submit that as per the order of the Honble High Court dated 30.11.2017, I have been paid further remuneration of Rs.5,00,000/- and M/s.K.Vijayakumar and V.Krishnamurthy, Advocates are also paid Rs.1,00,000/- each.
28.Before concluding, I would like to place on record my appreciation to the Member Secretary, Tamil Nadu State Legal Services Authority, and his Staff, for the arrangements made for the smooth conduct of the Proceedings at the II Floor of the Buildings of the Authority, during the dates of verification of Claims of 149 Claimants, extending to 15 days.
(Justice N.PAUL VASANTHAKUMAR) (Retd. CHIEF JUSTICE OF JAMMU & KASHMIR) COMMISSIONER
10.The report of the Hon'ble Court Commissioner dated 30.11.2017 and 20.12.2017 is recorded and all actions taken by the Hon'ble Court Commissioner are ratified. Opening of the Bank Account in the name of the learned XI Metropolitan Magistrate, Saidapet, Chennai is also ratified. In view of the fact that 142 claimants have been settled with the amount to the tune of Rs.88,65,55,000/- (Rupees Eighty eight crores sixty five Lakhs and fifty five thousand only) and that there are no other claims, the learned XI Metropolitan Magistrate, Saidapet, Chennai is granted liberty to close the current account number and any claims in connection with the closure of the current account can be adjusted from and out of the balance available in the said current account.
11.Recording the reports of the Hon'ble Court Commissioner dated 30.11.2017 and 20.12.2017 and by ratifying the action taken therein, the Criminal Original Petition No.3154 of 2017 stands closed. In view of the order passed in Crl.O.P.No.3154 of 2017, the Crl.O.P.No.20892 of 2017 stands closed. Consequently, connected Miscellaneous Petitions are closed.
21.12.2017 Index:Yes Internet:Yes DP To
1.THE XI METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.
2.THE COMMISSIONER OF POLICE, O/o.THE COMMISSIONER OF POLICE, VEPERY, CHENNAI-600 007.
3.THE ADDL. DEPUTY COMMISSIONER OF POLICE, CENTRAL CRIME BRANCH, OFFICE OF THE COMMISSIONER OF POLICE, VEPERY, CHENNAI.
4.THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, O/o.THE COMMISSIONER OF POLICE, VEPERY, CHENNAI-600 007.
5.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
M.S.RAMESH.J, DP Crl.OP Nos.3154 & 20892 of 2017 and Crl.M.P.Nos.2291 & 12461 of 2017 21.12.2017