The Catalyst Trust v. Govt.Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.26892 of 2008 and M.P.Nos.1 and 2 of 2008 1.The Catalyst Trust, rep. by its Trustee A.K.Venkatasubramaniam, No.8, 4th street, Venkateshwara Nagar, Adyar, Chennai-600 020.

2.Citizen Consumer and Civil Action Group, rep. by its Trustee Tara Murali, No.9/5, 2nd street, Padmanaba Nagar, Adyar, Chennai-600 020.

3.Transparency International TN Chapter, rep. by Louis Menezes, C/o.Tamilnadu Foundation, 2nd Floor, 27 Taylors Road, Kilpauk, Chennai-600 010.

4.Anti Corruption Movement Tamil Nadu, rep. by S.M.Arasu, No.7, Kaveri street, Gandhi Nagar, Saligramam, Chennai-600 093.

5.Makkal Sakthi Eiyakkam, rep. by Senthil Arumugam, No.17-A, South Avenue, Thiruvanmiyur, Chennai-600 041.

6.Human Rights Advocacy and Research Foundation, rep. by Ossie Fernandez, No.10, Thomas Nagar, Little Mount, Saidapet, Chennai-600 015.

.. Petitioners -vsGovernment of Tamilnadu, rep. by its Secretary, Personnel and Administrative Reform Department, Chennai-600 009.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records of the respondent culminating in G.O.Ms.No.158, dated 26.08.2008 and quash the same.

For Petitioners : Mr.N.L.Rajah for M/s.Arun Anbumani, R.Kumar For Respondent : Mr.STS.Moorthy Govt. Pleader assisted by Mr.V.R.Kamalanathan Addl. G.P.

* * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The Government Order in question dated 26.08.2008 has already been upheld. However, the learned counsel for the petitioners states that the Government Order needs some clarification/modification in the context of the observations made in W.P.No.4907 of 2009 dated 30.03.2009 (Pugalenthi v. State of Tamil Nadu, rep. by the Secretary to Government, P & AR (N) Department, Secretariat, Chennai-9 and others); 2011 (3) CTC 241 (The Superintendent of Police, Central Range, Office of the Directorate of Vigilance and Anti-Corruption v. R.Karthikeyan and others) and 2013 (1) CWC 81 (The Superintendent of Police, Central Range, Office of the Directorate of Vigilance and Anti-Corruption, Chennai-600 028 v. M.Kannappan and another).

2. He submits that he will submit proper representation in this behalf as to what is the nature of the modification/clarification he seeks and on such representation being made, the same shall be disposed of by the respondent within a maximum period of two (2) months of the receipt of the representation. Naturally, the observations made in the aforesaid judgments would be kept in mind.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2008 are closed. -s/dAssistant Registrar(CSIII) dt:29/09/2015 True Copy Sub-Assistant Registrar bbr To The Secretary, Personnel and Administrative Reform Department, Chennai-600 009.

+1 cc to Mr.N.L.Rajah, Advocate sr.50704 +1 cc to Government Pleader sr.50779 W.P.No.26892 of 2008 aa30/09/2015