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Madras High CourtWP/2469/2020disposed of

M.L.Ravi v. Secretary

2024-01-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.L.Ravi President of Desiya Makkal Sakthi Katchi No.21/11, Perianna Street, Chennai-600 001.

.. Petitioner vs 1.The Secretary, Ministry of Personnel, Public Grievances and Pension, South Block, Secretariat, New Delhi-110 001.

2.The Director, Central Bureau of Investigation, Plot No.5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi-110 003.

3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

4.The Director, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Collectors Nagar, Alandur, Chennai-600 006.

5.The Chief Executive Officer, Cognizant Technology Solutions Corporation, ASV Suntech Park, No.148, Old Mahabalipuram Road, Okkiam, Thoraipakkam Village, Kanchipuram-600 096.

6.The Director, Larsen & Toubro, Manapakkam, Chennai-600 125.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second respondent Central Bureau of Investigation to register, investigate and book the corrupters, government officials and any others of Chennai Metropolitan Development Authority who took bribe from Cognizant Technology Solutions and their contractor M/s.Larsen and Toubro Ltd., to issue planning permit, for the construction of KITS Campus project at Siruseri, Chennai in Tamil Nadu and also others, for issuance of several construction related permits, including planning permit, power permit for the issuance of consent, from local electricity board and environmental clearances etc. The illgotten amount is to be recovered from the misconduct officials and to be punished as per law. The investigation to be monitored by this Court on day to day basis.

For the Petitioner : Mr.T.Sivagnanasambandan For the Respondents : Mr.Venkatasamy Babu Senior Panel Counsel for respondent No.1 : Mr.P.Muthukumar State Government Pleader for respondent No.3 : Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.Sylvester John for respondent No.4 : Mr.Srinath Sridevan Senior Counsel for Mr.PMN Bhagavath Krishnan for respondent No.5 : Mr.P.S.Raman Senior Counsel for Mr.S.R.Raghunathan for respondent No.6 : R2 - Not Ready in Notice

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.T.Sivagnanasambandan, learned

counsel for the petitioner; Mr.Venkatasamy Babu, learned Senior Panel Counsel for respondent No.1; Mr.P.Muthukumar, learned State Government Pleader for respondent No.3; Mr.R.Muniyapparaj, learned Additional Public Prosecutor, assisted by Mr.Sylvester John, learned counsel for respondent No.4; Mr.Srinath Sridevan, learned Senior Counsel for Mr.PMN Bhagavath Krishnan, learned counsel for respondent No.5; and, Mr.P.S.Raman, learned Senior Counsel for Mr.S.R.Raghunathan, learned counsel for respondent No.6.

2. It is submitted by learned Additional Public Prosecutor appearing for the fourth respondent that, on the basis of source information, a criminal case was registered in Crime No.2/AC/2023/CC-III against the officials of respondents 5 and 6 under Section 120-B IPC and Sections 7, 12, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 on 20.03.2023. The FIR is also forwarded to the Special Judge for Cases under Prevention of Corruption Act, Chennai and further

investigation is under progress.

3. Learned Senior Counsel for the respondent No.6 submits that the defences of the sixth respondent in the said criminal case be kept open.

4. The parties are entitled to defend the criminal case filed against them.

5. In the light of the above, the purpose of the writ petition now stands served. The writ petition, as such, is disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :

Yes/No Yes/No bbr

To 1.The Secretary, Ministry of Personnel, Public Grievance and Pension, South Block, Secretariat, New Delhi-110 001.

2.The Director, Central Bureau of Investigation, Plot No.5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi-110 003.

3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

4.The Director, Directorate of Vigilance and Anti-Corruption, No.293, MKN Road, Collectors Nagar, Alandur, Chennai-600 006.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 02.01.2024