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2018 Supreme(Mad) 396
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
R. Lakshmi, Formerly Commissioner, Tirunelveli Municipal Corporation Tirunelveli, now working as Regional Director of Municipal Administration, Salem & Others - Petitioners
Versus
The State, Rep by Inspector of Police, Vigilance & Anti Corruption, Tirunelveli & Others - Respondents
Crl.O.P.(MD) Nos. 16342 & 16710 of 2017 & Crl.M.P.(MD) No. 10839 of 2017
Decided On : 09-02-2018
Advocate Appeared:
For the Petitioners: Veera Kathiravan, I. Subramanian, for M/s. Veera Associates, S. Hameed Ismail
For the Respondents: C. Mayil Vahana Rajendran
The main legal point established in the judgment is that administrative decisions taken by the Municipal Corporation Council should not lead to criminal prosecution of the Engineers involved, and that a police investigation cannot be used to find out whether a person has committed any offence.
Headnote:
Public Interest Litigation - Road Project - TOMP Project - Land Acquisition - Criminal Conspiracy - Quashing of F.I.R.
Fact of the Case:
The case involved a dispute over the laying of a link road in Tirunelveli. The road project was completed and public started using the link road. Subsequently, a complaint was filed alleging irregularities in the road project, leading to the filing of a criminal original petition for direction to register an F.I.R. The investigation found no pecuniary loss to the Corporation, but procedural irregularities in the work.
Finding of the Court:
The court found that the accused had hurriedly laid the road without waiting for the acquisition proceedings. However, it was noted that neither the Deputy Mayor nor the Engineers had derived any pecuniary advantage in laying the road. The court also observed that the investigation appeared to be witch-hunting and directed the quashing of the F.I.R.
Issues: The main issues revolved around the laying of the link road without following the acquisition and compensation procedures, and the alleged criminal conspiracy by the accused in the road project.
Ratio Decidendi: The court held that the accused had carried out an administrative decision taken by the Municipal Corporation Council and that the payment of compensation was the responsibility of the Revenue Authorities. It also emphasized that a police investigation cannot be set in motion to find out whether a person has committed any offence, as it would offend Article 21 of the Constitution of India.
Final Decision: The court allowed the criminal original petitions and quashed the F.I.R. in Crime No.2 of 2017, on the file of the Inspector of Police, Vigilance and Anti Corruption, Tirunelveli Detachment, Tirunelveli.
1. The factual matrix of the case is as under:
The dispute in this case relates to laying a link road covering a distance of 650 Metres in S.N. High Road, Tirunelveli between Parvathi Theatre and Arunagiri Theatre. It appears that there was a demand from the public to lay a link road for quite sometime. But, somehow or the other, the proposal did not go through. When P. Jeganathan alias Ganesan (A1) became the Deputy Mayor of Tirunelveli Municipal Corporation, he started taking steps to complete the project between 2014-2015. A busybody, by name, S. Sudalaikannu filed a Public Interest Litigation in W.P.(MD) No.1842 of 2015 for the issuance of a writ of mandamus forbearing the Revenue and Municipal Authorities from laying the road without finalizing the acquisition proceedings.
2. A Division Bench of this Court heard the matter in detail and passed final orders on 06.07.2015 closing the writ petition with the following observations:
“2. Today, photocopy of the details of S.N. High Road - Link road from Parvathi Theatre to Arunagiri Theatre near Kurukkuthurai road A4 14, D4D4, D3D3, 50 scheme road Length 650m, are filed and the same is as under:-
''TIRUNELVELI CORPORATION
S.N.High Road - Link road from Parvathi Theatre to Arunagiri Theatre near Kurukkuthurai road A4 14, D4D4, D3D3, 50 scheme road Length 650m
TOMP (Traffic Operation and Management Plan) Project work Administrative Sanction accorded by the Member Secretary, Committee of Town and Country Planning vide proceedings Roc No.30956/02/NPD dated 25.12.2004.
Cost of Land Acquisition - Rs.40.00 Lakhs
Cost of formation of road - Rs.60.00 Lakhs
Total Project cost - Rs.100.00 Lakhs
Extent of acquisition land : 7350 sq.m
Land Survey No. 1456/1, 1457, 1460/1, 1459/2B, 1498, 1499/1B, 1499/2, 1504/1, 1504/2, 1505/1, 589/1 to 589/21, 588, 592/2, 587/4, 587/3, 587/2, 586.
Administrative Sanction accorded by MA&WS Dept., vide G.O.(M.S.) No.50 dated 16.04.2013 for land acquisition.
Acceptance letter given by the land owners through Rs. 20/- Non-Judicial Stamp paper for survey No. 1504/2, 1460/1, 592/2, 1504/1, 1456/1, 1457, 1499/1B, 1459/2B, 1499/1B, 1505, 1499/2.
Two land owners at the entrance of the road have given their consent to enterupon the land for the formation of road pending finalization of Land Acquisition process for which the Council also approved vide its resolution No: 50 Dt 29.05.2014. Accordingly, letter has sent to the engineering section to form the 50' scheme road from Parvathi theatre to Manipuram road vide letter Roc.No.GP1/9729/2004 dated 16.6.2014 since the land owner Thiru. John Subbiah, Thiru. S. Karunanithi are accepted to enterupon the land by the Corporation to form the road on their land of Survey No.1456, 1457, 1460.
Further, to implement the purpose of link road from Parvathi theatre to Arunagiri theatre near Kurukkuthurai road for convenience of the public by the council due to responsible authority as said in the Scheme schedule clause 17(ii) of approved Swamy Nealliappar High Road Detail Development Plan an estimate, has been prepared to provide new formation of 50' scheme road for an estimate cost of Rs.70.00 lakhs and it has been sanction vide CCR.No.88 dated 30.06.2014.
Two tenders were received on 25.07.2014 for this project work and the lowest tender offered by the Thiru. T. Balasubramanian's price bid has accepted by the council vide CCR No : 143 dated 31.07.2014 and at present the formation of WMM road has completed from Parvathi theatre to Arunagiri theatre near Kurukkuthurai road and the purpose has been served to the public and traffic on 15.06.2015 after implementation of this project on 15.06.2015 under TOMP as well as notification of the S.N. High Road D.D. Plan.''
3. In view of the laying of the road, and the same being put in use by the public, Mr. T. Lajapathi Roy, learned counsel for the petitioner is agreeable for the writ petition being closed. Accordingly, the writ petition is closed. No costs. Consequently, M.P(MD)No.1 of 2015 is closed
