Case against admk HON’BLE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) ( Under Article 226 of the Constitution of India) W.P. No. of 2025 N.Rajasekaran,
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
MADRAS
(Special Original Jurisdiction)
( Under Article 226 of the Constitution of India)
W.P. No. of 2025
N.Rajasekaran, 
S/o.M.Natarajan,
No.849, West Street,
Mudikondan Post,
Nannilam Taluk,
Thiruvallur District – 609 502.
…Party-in-person
-VS-
1. The State of Tamil Nadu
Rep.by its Secretary,
Home(SC) Department,
Secretariat, Chennai -600 009.
2. The Principal Secretary(Home), Tamil Nadu Secretariate, Chennai – 600 009.
3. Director of Inspector General, Central Bureau of Investigation, Chennai – 600 006.
4. The Joint Director,
Central Bureau of Investigation, DPI Building, EVK Sambath Maligai, Nungambakkam, Chennai – 600 034.
5. The Director,
Directorate of Vigilance and Anti-Corruption,
No.293, M.K.N.Road,
Alandur,
Chennai – 600 016.
6. The Additional Superintendent of Police,
Head Quarters, Vigilance and Anti-Corruption,
No.293, M.K.N.Road,
Alandur,
Chennai – 600 016.
…Respondents
AFFIDAVIT FILED BY PETITIONER
I, N.Rajasekaran, S/o. Natarajan, Indian, Hindu, aged about 49 years residing at no.849, West Street, Mudikondan Post, Nannilam Taluk, Thiruvarur District-609 502 and now come down to Chennai and do hereby solemnly and sincerely affirm and the state as follows:-
1. I am the Petitioner herein, and I am well acquainted with the facts and circumstances of the case.
2. I submit that I am doing agriculture work and I am earning annual income of Rs.5,00,000/-.
3. I am filing the present Writ Petition in the public interest and in pursuit of justice and transparency in the investigation of serious allegations of corruption involving public funds contributed by both the Central and State Governments.
4. I submit that the former Chief Minister and former Minister for Public Works Department, Thiru. Edapadi. K. Palanisamy, during his tenure, implemented projects for the construction of medical college and hospital buildings in eleven (11) districts of Tamil Nadu, namely:
Thiruvallur, Ariyalur, Kallakurichi, Namakkal, Ramanathapuram, Virudhunagar, Dindigul, Nagapattinam, Tiruppur, Krishnagiri, and Udhagamandalam.
5. I submit that the total project cost was shared in the ratio of 60% by the Central Government and 40% by the State Government.
6. I submit that the said construction works were carried out in gross violation of prescribed procedures, resulting in large-scale misappropriation and corruption by various officials and contractors, attracting offences under the Prevention of Corruption Act, 1988 and other penal provisions.
7. I submit that I had lodged a detailed complaint dated 07.07.2021 before the Directorate of Vigilance and Anti-Corruption (DVAC), furnishing documentary material substantiating the aforesaid allegations. However, despite the seriousness of the matter, no FIR was registered by the DVAC even after more than four years have elapsed.
8. I submit that I had earlier filed W.P. No. 28962 of 2022 before this
Hon’ble Court praying for a direction to the Central Bureau of
Investigation (CBI) to take necessary action on my complaint dated 07.07.2021 in accordance with the provisions of the Prevention of Corruption Act, 1988.
9. I submit that during the hearing of the said writ petition, the learned Additional Public Prosecutor appearing for the State submitted that the allegations contained in my affidavit had been taken note of by the Directorate of Vigilance and Anti-Corruption (DVAC), and that after conducting a preliminary enquiry, a detailed enquiry had been commenced on 10.04.2023 in A.DE/6/2023/PUB/SIC dated 10.04.2023, which was stated to be in progress.
10. I further submit that it was also represented that a team consisting of Public Works Department (PWD) Engineers had been constituted to evaluate the value and design of the building concerned and to ascertain whether it was in consonance with the norms of the National Medical Commission. It was further stated that on receipt of the report, further action would be taken.
11. I submit that based on the said submission, this Hon’ble Court was pleased to dispose of W.P. No. 28962 of 2022, recording that the information furnished by me had been taken cognizance of by the appropriate investigating agency and that enquiry proceedings were in progress.
12. I respectfully submit that in spite of the above submissions and directions, no effective action has been taken by the DVAC till date. The enquiry which was said to have commenced has not resulted in any concrete outcome or prosecution, thereby defeating the very purpose of my earlier writ petition.
13. I submit that I have lost confidence in the impartiality and independence of the Tamil Nadu Vigilance and Anti-Corruption Department in investigating cases against influential political figures and senior bureaucrats. The continued inaction amounts to a dereliction of statutory duty and denial of justice.
14. I therefore submit that the matter deserves to be investigated by an independent Central agency, namely the Central Bureau of Investigation (CBI), which alone can conduct a fair, transparent, and impartial investigation.
15. However, I am aggrieved that the Government of Tamil Nadu issued G.O.Ms.No.286, Home (SC) Department, dated 14.06.2023, by which it withdrew the “general consent” previously granted to the CBI to investigate cases within the State of Tamil Nadu without obtaining prior permission.
16. I submit that the said Government Order is arbitrary, unreasonable, and unconstitutional, as it obstructs the course of justice and prevents Central agencies from investigating corruption cases involving Central Government funds and inter-state ramifications.
The said G.O. also violates the Petitioner’s fundamental rights under Articles 14 and 21 of the Constitution of India.
17. I further submit that since 60% of the project cost was borne by the Central Government, the Central Bureau of Investigation has clear jurisdiction and legitimate authority to investigate offences relating to misuse of such Central funds.
18. I further submit that the Central Government has a 60% stake in certain schemes and the use of funds related to my complaint, and therefore, an investigation by a Central agency is both necessary and justified.
19. I therefore submit that the impugned G.O.Ms.No.286 is being misused to shield influential persons from being subjected to an independent probe and to prevent the CBI from discharging its lawful duty under the Delhi Special Police Establishment Act, 1946.
20. I submit that this Government Order directly obstructs the course of justice and prevents the Central Government from discharging
its constitutional and statutory duty to investigate corruption under the Prevention of Corruption Act and other laws.
21. I respectfully submit that, in these circumstances this Hon’ble
Court may be pleased to quash G.O.Ms.No.286, Home (SC) Department, dated 14.06.2023, insofar as it restricts investigation by the CBI, and to direct the Respondents 3 and 4, to register and investigate the complaint dated 07.07.2021 regarding the alleged corruption and misuse of Central and State funds in the construction of medical college and hospital buildings in the aforesaid eleven districts of Tamil Nadu.
22. I submit that I have not filed any other petition seeking similar reliefs before this Hon’ble Court or any other Court.
It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ of Certiorarified Mandamus or any other appropriate writ, order, or direction to quash the G.O.Ms.No.286, Home (SC) Department, dated 14.06.2023, issued by the Government of Tamil Nadu and directing the Respondent 3 and 4 to register and investigate the complaint dated 07.07.2021 regarding the alleged corruption and misuse of Central and State funds in the construction of medical college and hospital buildings in the aforesaid eleven districts of Tamil Nadu and pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.
Solemnly affirmed at Chennai On this the day of November,2025 And signed in my presence.
