M.Ramesh, Advocate v. The Central Bureau Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.21214 of 2016 M.Ramesh ... Petitioner Vs.

1.The Central Bureau of Investigation (CBI), Rep. by its Director, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi - 110 003.

2.Ajeet Kumar Saxea 3.Southern Railway Mazdoor Union, Divisional President, Madurai Division, Rep. by D.Ravichandran ... Respondents (R2 & R3 are suo motu impleaded vide Court Order dated 27.07.2018 in W.P.(MD) No.

21214/2016) Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 28.10.2016 seeking to ensure the benefit of public and welfare of innocent girl children from being exploited by false claims, and after due investigation into the financial transactions of Sharanagath Trust, take such appropriate legal actions to uphold rule of law and prevent abuse of official position. 1/5

For Petitioner : Mr.C.Selvakumar For 1st Respondent : Mr.M.Karunanithi Special Public Prosecutor for CBI For 2nd Respondent : Ms.Elizabeth Ravi For 3rd Respondent : Mr.C.K.Chandra Sekar * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 28.10.2016, seeking to ensure the benefit of public and welfare of innocent girl children from being exploited by false claims, and after due investigation into the financial transactions of Sharanagath Trust, take such appropriate legal actions to uphold rule of law and prevent abuse of official position. 2.

Heard Mr.C.Selvakumar, learned counsel for the petitioner, Mr.M.Karunanithi, learned Special Public Prosecutor for CBI appearing for the first respondent, Ms.Elizabeth Ravi, learned counsel for the second respondent and Mr.C.K.Chandra Sekar, learned counsel for the third respondent.

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3.

Claiming that the second respondent is indulging in collecting huge sums from the General Public as donations in the name of Sharanagath Trust and is exploiting the helpless poor girl children, using the funds collected as donation for his personal whims and fancies, the petitioner has approached this Court with this Writ Petition.

4.

Learned Special Public Prosecutor for CBI submitted that pursuant to the orders of the Hon'ble Apex Court in Special Leave to Appeal (Civil) No.16923 of 2017, dated 09.05.2017, followed by the order of this Court Review Aplw (MD) No.23 of 2017, dated 27.07.2018, after completion of Preliminary Enquiry, the allegations levelled against the second respondent were found to be not substantiated and on the orders of the Competent Authority in CBI, the complaint itself was closed. In support of the same, he produced the communication of the Head of Branch, CBI/ACB/Chennai in No.C12/PE 01(A)/2017/CBI/ACB/ Chennai/4177 dated 12.09.2022.

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5.

Recording the said submissions, this Writ Petition is closed. No costs.

[R.M.D., J.] [J.S.N.P., J.] 14.09.2022 Internet : Yes / No Index : Yes / No sj To 1.The Central Bureau of Investigation (CBI), Rep. by its Director, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi - 110 003.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.21214 of 2016 14.09.2022 5/5