BALAKRISHNAN ALIAS PARTHI BASKAR Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Criminal Procedure Code seeking direction to the respondent towards registration of a case on the basis of the complaint given by the petitioner dated 10.06.2009.

(2.) THE complaint of the petitioner reads as follows - I am residing at the above mentioned address. I got General Power from one Chinniyan and others for S.No.299/1A 1.76 Acre and S.No.230/7A. 3.00 Acres in Koyambedu Thirumangalam village. Some cases are pending between us and Sri Krishna Tiles Pottaries (P) Ltd. for the above mentioned land W.P.No.12613/01 is pending before the Honourable High Court at Madras. Moreover Sri Krishna Tiles Pottaries (P) Ltd. sold the above said 4.76 acres of land to Ozone Construction (P) Ltd. We have impleaded them as a party in W.P.No.12613/01 which is pending before the Honourable High Court. In the meanwhile on 20.07.2002 I sent my objections to CMDA not to issue planning permission in the above said 4.76 acres of land, till the disposal of W.P.No.12613/01. I filed a writ petition in W.P.No.16346/07 against 1. CMDA 2.M/s.Sri Krishna Tiles 3.M/s.Ozone Constructions (P) Ltd. on 02.05.07 the Honourable High Court granted interim injunction against CMDA and others for not to give planning permission in the above said 4.76 acres of land. Moreover on 28.06.07 the Honourable High Court has ordered in W.P.No.16346/07 that CMDA to consider my objections dated 20.07.2002 within 4 weeks and also give a fresh objections within a week. I had given my objections on 16.07.2007 In this situation the then CMDA member secretary had sent a letter dated 16.06.2008 on 20.05.2008 to the Secretary, Housing and Urban Development Department. In that letter, he had not mentioned about the issue with regard to giving permission to M/s.Ozone Projects (P) Ltd. And concealed my objections and the above mentioned pending cases. THE CMDA Member Secretary had willfully omitted to state my objections even after the order of the Honourable High Court. I state that by suppressing the real state of affairs to the Secretary, Housing and Urban Development Department, the then Member Secretary, CMDA attempted to get planning permission in favour of M/s.Ozone Projects Private Limited. This act by abusing his position as a public servant and obtaining a valuable thing i.e. Planning Permission in favour of M/s.Ozone Projects Private Limited is punishable u/s 13(1) (d) (ii) of the Prevention of Corruption Act, 1988. I understand apart from Mr.Mohan the then Member Secretary, other officials in collusion with M/s.Ozone Projects Private Limited are involved in the said offence. Thus I request you to register a case and investigate the matter against Mr.Mohan, Ozone Projects (P) Ltd. and others.

(3.) PLACING reliance on the above, the learned counsel would state that the question of whether a case existed towards putting up an accused for trial would be a matter for investigation and the decision thereon would rest solely with the investigating officer. Thus, an investigation could not be avoided by placing reliance on the opinions rendered by law officers. Again, the learned counsel would inform that as per G.O.(D) No.1, P&AR (Per-N), dated 28th January 1992, it would be for the Government in consultation with the Vigilance Commissioner to order preliminary enquiry/detailed enquiry/ registration of regular case, as the person whose action is complained of is the Chief Executive Officer of CMDA which is a statutory body and he also happens to be a member of the All India Services.