N.Vetrivel Chezhian v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Vetrivel Chezhian ..
Petitioner Vs.
1. The Chief Secretary Government of Tamil Nadu Fort St. George Chennai 600 009.
2. The Additional Chief Secretary to Government Home Department Fort St. George Chennai 600 009.
3. The Vigilance Commissioner Government of Tamil Nadu Fort St. George Chennai 600 009.
4. The Director Directorate of Vigilance & Anti Corruption Collectors Nagar, Alandur Chennai 600 016.
5. The Director General of Police Office of the DGP Santhome, Chennai 600 004.
6. The Secretary Ministry of Home Affairs NDCC II Building Jai Singh Road New Delhi 110 001.
7. The Chairman Union Public Service Commission Dholpur House Shahjahan Road New Delhi 110 069.
8. A.K.Viswanathan, IPS
9. Kumareswaran 10.A.Narayanan 11.The Chief Engineer The Tamil Nadu Police Housing Corporation Ltd. No.132, EVR Salai, Kilpauk Chennai 600 010.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the fourth respondent to complete within a specified time the enquiry concerning the work orders dated 18.07.2022, issued by the ninth respondent in favour of the tenth respondent in (i) Lr.No.SE/CC/DB/2609/2022; (ii) Lr.No.SE/CC/DB/2609-A/2022; (iii) Lr.No.SE/CC/DB/2609-B/2022; (iv) Lr.No.SE/CC/DB/2609-C/2022 & (v) Lr.No.SE/CC/DB/2609-D/2022.
For the Petitioner : Mr.K.Mangalanathan For the Respondents : Mr.R.Shunmugasundaram Advocate-General Assisted by Ms.Sona Sathish Kumar & Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1, 2 and 5 Mr.D.Simon, CGSC for Respondent-6 Mr.S.Rajakumar Additional Public Prosecutor for Respondent-8
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.K.Mangalanathan, learned counsel for the petitioner, Mr.R.Shunmugasundaram, learned Advocate-General, assisted by Ms.Sona Sathish Kumar and Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 1, 2 and 5, Mr.D.Simon, learned Central Government Standing Counsel for the sixth respondent and Mr.S.Rajakumar, learned Additional Public Prosecutor for the eighth respondent.
2. According to learned counsel for the petitioner, the contract awarded to the tenth respondent, by the ninth respondent, at the instance of the eighth respondent, is, in fact, a benami venture for the benefit of the eighth respondent and his brother, who is managing the real estate business of the eighth respondent.
3. According to learned counsel, the Tamil Nadu Vigilance Commission, on 30.12.2022, had also asked the Additional Chief Secretary to Government to submit action taken on the allegations contained in the petition, as referred in Reference No.1 of the said letter. However, nothing is coming forth.
4. The petitioner ought to have made a specific averment. It is not a case that the authorities are not taking steps. Letter is already issued by the Tamil Nadu Vigilance Commission to the Additional Chief Secretary on 30.12.2022 to intimate the action taken on the allegations contained in the petition, as referred to in Reference No.1 of the said letter.
5. The petitioner has not placed on record any material to suggest that the petitioner had taken steps to get the information and that the information was not made available. It is only if the petitioner can make a specific averment to that effect, then only the petitioner ought to have filed the present petition.
6. In the light of that, it is for the petitioner to take appropriate steps with regard to the necessary information and in case the information as sought for is not furnished or upon the information furnished, steps can be taken in that regard by the aggrieved party. 7/ With the aforesaid observations, this public interest litigation is disposed of. There will be no order as to costs. Consequently, WMP No.13497 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 05.06.2023 Index :
Yes/No :
Yes/No kpl
To
1. The Chief Secretary Government of Tamil Nadu Fort St. George, Chennai 600 009.
2. The Additional Chief Secretary to Government Home Department Fort St. George, Chennai 600 009.
3. The Vigilance Commissioner Government of Tamil Nadu Fort St. George, Chennai 600 009.
4. The Director Directorate of Vigilance & Anti Corruption Collectors Nagar, Alandur Chennai 600 016.
5. The Director General of Police Office of the DGP Santhome, Chennai 600 004.
6. The Secretary Ministry of Home Affairs NDCC II Building Jai Singh Road, New Delhi 110 001.
7. The Chairman Union Public Service Commission Dholpur House, Shahjahan Road New Delhi 110 069.
8. The Chief Engineer The Tamil Nadu Police Housing Corporation Ltd. No.132, EVR Salai, Kilpauk, Chennai 600 010.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 05.06.2023