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Madras High CourtWP/24223/2015disposed of

P.Jagaratchagan, v. The Chairman -Cum-Managing

2019-02-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24223 of 2015 P.Jagaratchagan ... Petitioner Vs.

1.The Chairman - cum - Managing Director, 2.The Chief Manager, Vigilance Department, 3.The Deputy Superintendent of Police, Central Bureau of Investigation, Sastri Bhawan, Near College Road, Chennai - 600 006.

4.D.Pandian ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the respondents 1 and 2 to entrust the complaint of the petitioner to the 3rd respondent for proper and fair investigation of the illegal grant of loan of Rs.12.91 Crores to Mr.D.Pandian on the mortgage of the property of the Communist Party of India at Door No. (Old No.19 & 19 (1), New No.43 & 43(1), South Bogra Road, T.Nagar, Chennai600017, in the accordance with law. For Petitioner : Mr.R.M.Amalnath For Respondents : Mr.P.B.Benjamin George for R1 & R2 Mr.K.Srinivasan for R3 Special Public Prosecutor for CBI cases Mr.S.Arunachalam for R4 for M/s.S.Arunachalam Associates

O R D E R

The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the respondents 1 and 2 to entrust the complaint of the petitioner to the third respondent for proper and fair investigation of the illegal grant of loan of Rs.12.91 Crores to Mr.D.Pandian on the mortgage of the property of the Communist Party of India at Door No. (Old No.19 and 19(1), New No.43 and 43(1), South Bogra Road, T.Nagar, Chennai-600 017, in accordance with law.

2.Though the petitioner has sought for a larger relief in this writ petition, the learned counsel appearing for the petitioner now submits that it would suffice if this Court issues a direction to the first respondent to dispose of the petitioner's representation dated 18.05.2015. 3.The learned Special Public Prosecutor for CBI cases appearing for the third respondent and the learned counsel appearing for the fourth respondent have no objection for disposal of the petitioner's representation dated 18.05.2015.

4.In view of the above, this Court without expressing any opinion on the merits of the case, directs the first respondent to pass appropriate orders on the petitioner's representation dated 18.05.2015, as expeditiously as possible. For ready reference, the petitioner is directed to send a copy of the representation dated 18.05.2015 along with a copy of this order.

5.The writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri To 1.The Chairman - cum - Managing Director,

2.The Chief Manager, Vigilance Department, 3.The Deputy Superintendent of Police, Central Bureau of Investigation, Sastri Bhawan, Near College Road, Chennai - 600 006.

+1cc to M/s.S.Arunachalam Associates, Advocate SR.No. 8868 W.P.No.24223 of 2015 A.SK(04/03/2019)