P.Pugalenthi, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12630 of 2013 P.Pugalenthi ... Petitioner Vs.

1.Union of India represented by the Secretary to Government of India Department of Atomic Energy, Anushakti Bhavan, Chatrapathi Shivaji Maharaj Marg, Mumbai 400 001.

2.The Chairman Atomic Energy Regulatory Board, Niyamak Bhavan Anushaktinagar Mumbai 400 094.

3.The Chairman and Managing Director Nuclear Power Corporation of India Limited Nambhkiya Urja Bhavan Anushakti Nagar Mumbai 400 094.

4.The Joint Director Central Bureau of Investigation South Zone EVK Sampath Building College Road, Chennai 600 006.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing respondent No.4 to initiate a preliminary enquiry into the allegation of supply of substandard nuclear components by Rosatom, Russia to Kudanklam Nuclear Power Plant, Tirunelveli based on the representation of the petitioner dated 11.04.2013 in accordance with law.

For Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.Rajagopal ASG for Mr.R.Rajeshvivekanandh for R1+R2 Mr.C.Kanakaraj for R3 Mr.K.Srinivasan Special Public Prosecutor for CBI cases for R4

O R D E R

The petitioner has filed this petition seeking issuance of Writ of Mandamus directing the fourth respondent to initiate preliminary enquiry into the allegation of supply of substandard nuclear components by Rosatom, Russia to Kudanklam Nuclear Power Plant, Tirunelveli, based on the representation of the petitioner dated 11.04.2013 in accordance with law.

2.The petitioner is an Advocate and he made a representation dated 11.04.2013 to the fourth respondent seeking to register a case and investigate into the irregularities in the supply of nuclear reactors and other components to the Kudankulam Nuclear Power Plant by Rosatom, Russia. Since, his representation was not considered, the petitioner has filed this writ petition. 3.It appears that the complaint preferred by the petitioner before the fourth respondent has been forwarded to the Chief Vigilance Officer, Department of Atomic Energy, Anushakti Bhawan, Chatrapathi Shivaji Maharaj Marg, Mumbai 400 001, for taking necessary action as the fourth respondent felt that the allegation levelled in the complaint is merely based on presumption, surmise and speculation and that there is no material prima facie warranting CBI investigation.

4.Today, when the matter is taken up for consideration, the learned ASG appearing for the third respondent filed a counter and submitted that the very same issue was seized by the Hon'ble Apex Court in SLP (C) No.36179 of 2013 with I.A.No.3 in C.A.No.4440 of 2013 [(2014) 6 SCC 776 (G.Sundararajan Vs. Union of India and others)] decided on 08.05.2014 and the Hon'ble Apex Court has issued direction to several agency and the respective agency has complied with the directions issued by the Hon'ble Apex Court.

5.Though the entire issue was seized by the Hon'ble Apex Court, the fourth respondent has forwarded the representation of the petitioner to the Chief Vigilance

Officer, Department of Atomic Energy, Anushakti Bhawan, Chatrapathi Shivaji Maharaj Marg, Mumbai 400 001. Hence, the Chief Vigilance Officer, Department of Atomic Energy is directed to dispose of the representation of the petitioner forwarded by the fourth respondent, if not already disposed. 6.The writ petition is accordingly disposed of. No costs.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar pri To 1.Secretary to Government of India Department of Atomic Energy, Anushakti Bhavan, Chatrapathi Shivaji Maharaj Marg, Mumbai 400 001.

2.The Chairman Atomic Energy Regulatory Board, Niyamak Bhavan Anushaktinagar Mumbai 400 094.

3.The Chairman and Managing Director Nuclear Power Corporation of India Limited Nambhkiya Urja Bhavan Anushakti Nagar Mumbai 400 094.

4.The Joint Director Central Bureau of Investigation South Zone EVK Sampath Building College Road, Chennai 600 006.

5.The Chief Vigiliance Officer, Department of Atomic Energy, Anushakti Bhavan, Chatrapathi Shivaji Maharaj Marg, Mumbai 400 001.

+1cc to Mr.R.Rajeshvivekanandhan , Advocate SR.No. 6886 +1cctoMr.R.Rajeshvivekanandhan,AdvocateSR.No.6886(8/3/2019) W.P.No.12630 of 2013 A.SK(19/02/2019)