Roopsingh Robinson Rajkumar v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Roopsingh Robinson Rajkumar ... Petitioner -vs1.Union of India rep.by its Secretary Ministry of Health and Family Welfare Department of AIDS Control New Delhi 2.The State of Tamil Nadu rep.by its Secretary Ministry of Health and Family Welfare St.George Fort Chennai 3.The Director Central Bureau of Investigation CGO Complex Near Jawaharlal Nehru Stadium New Delhi

4.The Joint Director Central Bureau of Investigation 3rd Floor, Shastri Bhavan No.26, Haddows Road Nungambakkam, Chennai 5.The National AIDS Control Society rep.by its Deputy Director Department of Health and Family Welfare New Delhi 6.The Tamil Nadu AIDS Control Society rep.by its Project Director 417, Pantheon Road Chennai-600 008 7.The Director O/o.the Directorate of Vigilance Anti Corruption No.293, M.K.N.Road Alandur, Chennai-600 016 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the seventh respondent to accelerate the action initiated on the petitioner's petition dated 19.03.2019, which was received by the seventh respondent on 30.04.2019 and thereby initiate the preliminary enquiry in the matter of execution and implementation of AIDS Control Programme by the respondents 5 & 6 and the utilization of funds at various during such implementation in the entire state of Tamil Nadu and based on

which to register a case in respect of the persons against who prima facie cognizable offence is made out and proceed in accordance with law. For Petitioner :

Mr.C.Kishore For Respondents :

Mr.C.Nandagopal for R1 Mr.M.Sarangan Additional Government Pleader for R2 Mr.C.Muthu Saravanan for R3 & R4 Ms.C.N.G.Niraimathi for R6 Mr.T.Senthil Kumar Additional Public Prosecutor for R7

O R D E R

[Order of the Court was made by G.ARUL MURUGAN, J.] This writ petition is filed as a public interest litigation. The petitioner is seeking a direction to the seventh respondent to initiate action on his petition dated 19.03.2019 and thereby, initiate enquiry proceedings in the matter of execution and implementation of AIDS Control Programme by the respondents 5 & 6.

2. Learned counsel for the petitioner contends that there have

been several irregularities in the sixth respondent - Society and in respect of the irregularities, the petitioner has lodged a complaint before both the respondents 3 & 4 and also the seventh respondent. It is the grievance of the petitioner that his complaint has not been looked into and therefore, he has approached this Court by filing this writ petition a public interest litigation.

3. Learned Additional Public Prosecutor appearing for the seventh respondent submitted that based on the complaint given by the petitioner, a preliminary enquiry was conducted, wherein it was found that the complaint was only with vague allegations and those were not true.

4. A detailed counter affidavit has also been filed by the sixth respondent, wherein, in Paragraph No.5, it is stated that the petitioner, who was employed with the sixth respondent - Society and also under the service of the Health Department, was redeployed and thereafter, he was terminated from service. Challenging the redeployment, the petitioner has also filed a writ petition in W.P.(MD) No.9979 of 2015. This Court, by an order dated 14.06.2019, dismissed the aforesaid writ petition. Therefore, the petitioner, who had a grievance with an ill-motive, has come up with the present writ

petition as a public interest litigation raising allegations as against the sixth respondent - Society.

5. It is also brought to the notice of this Court that the petitioner, in respect of the very same allegations, had earlier filed a writ petition as a public interest litigation in W.P.(MD) No.9838 of 2019 and the said writ petition was dismissed as withdrawn.

6. In view of the above facts that the complaint lodged by the petitioner has been enquired into and the seventh respondent having found that the complaint of the petitioner is not substituted with any valid material and the complaint having been found false, they have closed the complaint and also the fact that the petitioner had already approached this Court and filed a public interest litigation and the same was dismissed as withdrawn and also the petitioner, who employed in the sixth respondent - Society having been terminated from service, has come up with the present writ petition with a motive, the present writ petition filed as a public interest litigation, cannot be entertained by this Court.

7. In view of the above findings, this writ petition is dismissed. No costs.

[S.M.S., J.] [G.A.M., J.] 13.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Secretary, Ministry of Health and Family Welfare, Department of AIDS Control, Union of India, New Delhi, 2.The Secretary, Ministry of Health and Family Welfare, State of Tamil Nadu, St.George Fort, Chennai.

3.The Director, O/o.the Directorate of Vigilance Anti Corruption, No.293, M.K.N.Road, Alandur, Chennai-600 016.

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk 13.08.2025