Elephant G.Rajendran,Advocate v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Ninth day of August Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE R. MAHADEVAN AND THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU WP NO.20392 OF 2018 ELEPHANT G.RAJENDRAN,ADVOCATE [ PETITIONER ] A BLOCK, D.NO.7,III FLOOR, SILVER PARK APARTMENT, NO.36,THANIKACHALAM RODA, T.NAGAR, CHENNAI-17 Vs 1 THE STATE OF TAMILNADU [ RESPONDENTS ] REP BY THE ADDNL.CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9 2 THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9 3 THE SECRETARY TO GOVERNMENT HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9 4 THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, NUNGAMPAKKAM, CHENNAI-34 5 THE DIRECTOR GENERAL OF POLICE MYLAPORE, CHENNAI-4 6 MR.A.G.
PON MANICKAVEL,IPS THE INSPECTOR GENERAL OF POLICE, IDOL THEFT WING C.I.D.
8 THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110 001 9 THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B,CGO COMPLEX, LODHI ROAD, NEW DELHI-110 001 10 THE JOINT DIRECTOR AND HEAD OF CHENNAI ZONE, CENTRAL BUREAU OF INVESTIGATION, 3RD FLOOR, EVK SAMPATH BUILDING, COLLEGE ROAD, CHENNAI-6 11 MR.VENU SRINIVASAN BOARD TRUSTEE A/M.SRI RANGANATHA SWAMI TEMPLE,SRI RANGAM, TRICHY6-20 006 HAVING RESIDENCE, AT NO.2,ADYAR CLUB GATE ROAD, CHENNAI-28 12 THE ADDITIONAL DIRECTOR OF POLICE,ECONOMIC OFFENCES WING, CHENNAI-32 Writ Petitions under Article 226 of the Constitution of India praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a Writ of Certiorari calling for the records relating the impugned order in G.O.Ms.
No.885 of 2018 dated 01.08.2018 quash the same WP.20392/2018 Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.ELEPHANT G.RAJENDRAN P-IN-P, for the petitioner and of MR.P.H.ARAVIND PANDIAN AAG ASST.BY MR.V.SHANMUGA SUNDAR, Special Government Pleader on behalf of the 1, 3, 5 & 12 Respondents and of MR.T.N.RAJAGOPALAN, GP on behalf of the the 2nd Respondent and of MR.KARTHIKEYAN, Sr.c for MR.MAHARAJAN, Special Government Pleader on behalf of the 4th Respondent the court made the following order:- According to the petitioner, the Inspector General of Police and his team investigated the theft of idol cases, which brought to light various offences committed by various persons and recovery of many idols of 1500 years old.
Subsequently, this Court, by order dated 21.07.2017, passed in Crl.OP.Nos.8690 and 12060 of 2017 entrusted the investigation of the idol theft cases to the team headed by the aforesaid Inspector General of Police, since the said officer was transferred to the Department of Railways. The aforesaid order of this Court was challenged by the State before the Hon'ble Supreme Court in SLP(Civil) Nos.6139 to 6140 of 2017, which was affirmed by the Hon'ble Supreme Court, by order dated 01.09.2017.
notification, vide G.O.Ms.No.885 Home (SC) Department, dated 01.08.2018, according consent to the Central Bureau of Investigation (CBI) to investigate all under investigation cases being investigated by the special team constituted for the idol theft cases and in all such future cases. According to the learned counsel for the petitioner, the said G.O. is nothing but interference of investigation by the Idol wing and also with the orders of this Court as well as the Hon'ble Supreme Court.
There is also nothing to show from the materials placed on record, as to whether CBI has been consulted so far, in order to immediately take over the under investigation cases and future cases, particularly, with reference to its existing manpower and infrastructural facilities available; having due regard to the fact that the number of idol theft complaints in the State is alarmingly high. Since the said G.O would bring the entire investigation as a standstill, the present writ petition came to be filed by the petitioner. 2.On 07.08.2018, when the matter was taken up for admission, this Court, considering the facts and circumstances of the case, granted an order of interim stay and directed the writ petition to be listed on 08.08.2018, at the request of Mr.P.H.
Aravind Pandian, learned Additional Advocate General appearing for the respondents 1,3,5 and 12.
3.Since the day 08.08.2018 was declared as holiday, the matter came up for hearing today i.e., on 09.08.2018. Upon hearing Mr.Vijay Narayan, learned Advocate General, who sought time till 16.08.2018 for filing a counter affidavit, this Court adjourns the writ petition to 16.08.2018.
4.Call on 16.08.2018. In the mean time, the petitioner is directed to serve notice to the other respondents. -sd/- 09/08/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE ADDNL.CHIEF SECRETARY TO GOVERNMENT, STATE OF TAMILNADU, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9 2 THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9 3 THE SECRETARY TO GOVERNMENT HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9
4 THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, NUNGAMPAKKAM, CHENNAI-34 5 THE DIRECTOR GENERAL OF POLICE MYLAPORE, CHENNAI-4 6 THE INSPECTOR GENERAL OF POLICE, IDOL THEFT WING C.I.D.OLD SIPCOT BUILDING, INDUSTRIAL ESTATE, GUINDY, CHENNAI-32 7 THE SECRETARY TO GOVERNMENT GOVERNMENT OF INDIA, DEPARTMENT OF PERSONAL AND TRAINING, MINISTRY OF PERSONAL, PUBLIC GRIEVANCES AND PENSION, NORTH BLOCK, NEW DELHI-110 001 8 THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110 001 9 THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B,CGO COMPLEX, LODHI ROAD, NEW DELHI-110 001 10 THE JOINT DIRECTOR AND HEAD OF CHENNAI ZONE, CENTRAL BUREAU OF INVESTIGATION, 3RD FLOOR, EVK SAMPATH BUILDING, COLLEGE ROAD, CHENNAI-6 11 THE ADDITIONAL DIRECTOR OF POLICE,ECONOMIC OFFENCES WING, CHENNAI-32 C.C. to MR.ELEPHANT G.RAJENDRAN P-IN-P Sr.No.9530 Order in WP.20392/2018 Date :09/08/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 10/08/2018 (IT)