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2025 Supreme(Mad) 4597

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. SWAMINATHAN, V. LAKSHMINARAYANAN, JJ.
A. Shankar Alias Savukku Shankar - Appellant
Versus
The Director Central Bureau of Investigation - Respondent 
W.P. No. 18178 of 2025
Decided On : 10-06-2025


Advocates:
Advocate Appeared:
For the Appellant : P. Rajkumar Pandian
For the Respondents: N. Baaskaran, P.S. Raman,  L.S.M. Hasan Faisal, J. Ravindran, U. Baranidaran, Krishna Ravindran, Murali Kumaran, V.S. Venkatesh

The court emphasized the need for ensuring project benefits are directed to legitimate beneficiaries, mandating verification of contractors under applicable guidelines.

Headnote:(A) Tamil Nadu Transparency in Tenders Act, 1998 - The petitioner, a social media influencer, alleged mismanagement in a government project; petition dismissed after evidence showed that compliance measures were put in place to ensure project objectives were met -- Writ petition disposed of with specific directions to verify contractor eligibility -- The role of the Dalit Indian Chamber of Commerce and Industry reaffirmed to ensure benefits are directed to legitimate beneficiaries. (Paras 1-10)

Facts of the case:
The petitioner, alleging siphoning of government funds via the Chennai Metropolitan Water Supply and Sewerage Board, sought an FIR against alleged malpractices in beneficiary identification through a private entity.

Findings of Court:
The court found that proper measures would be taken to rectify any irregularities in contractor listings and that DICCI would play a crucial mentoring role to ensure beneficiaries were truly representing marginalized communities.

Issues: Whether proper beneficiaries were awarded contracts and if due processes were followed in their selection.

Ratio Decidendi: The court emphasized the importance of ensuring that benefits target the intended demographic while maintaining a transparent and fair process in project implementation.

Result: Writ petition disposed of with directions for compliance assessment and confirmation of actual beneficiaries.

Table of Content
1. writ petition regarding government fund misuse. (Para 1 , 2)
2. court directions on inquiry and evidence. (Para 3 , 4 , 8)
3. identification of beneficiaries in contracts. (Para 5 , 7 , 9)
4. final judgment and directions. (Para 6 , 10)

ORDER :

1. The petitioner is a well known YouTuber and social media influencer. According to him, there has been a siphoning of government funds in the implementation of sanitary workers development scheme by the Chennai Metropolitan Water Supply and Sewerage Board. The petitioner lodged complaint with the Central Bureau of Investigation. This writ petition has been filed seeking a direction to the Joint Director, Central Bureau of Investigation, Chennai to register an FIR based on the petitioner's complaint dated 27.03.2025. The writ petition was listed for admission on 14.05.2025. On the said date, the following order was passed :

“1. The petitioner has filed this writ petition alleging that malpractices have been committed while implementing the petition mentioned project. The petitioner alleges that the beneficiaries were not chosen by Government Departments, but by a private non-statutory entity Dalit Indian Chamber of Commerce and Industry (DICCI). It is his further allegation that the beneficiaries so chosen by the said entity were awarded contracts by Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) and that thereafter they entered into agreements with one M/s.Gen Green Logistics Private Limited. The materials on record indicate that one Ravi Kumar Narra is figuring as a Director both in DICCI as well as in Gen Green Logistics Private Limited.

2. Before we consider the contentions of the petitioner on merits, we propose to go through the relevant files ourselves. We therefore suo-motu implead, the Secretary to the Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, the Secretary to Government, MSME Department, Government of Tamil Nadu and Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) represented by its Managing Director as Respondents 3 to 5 respectively in this writ petition. Registry is directed to amend the cause title accordingly.

3. Mr.N.Baaskaran takes notice for respondents 1 and 2. Mr.Hasan Fisal, learned Additional Government Pleader takes notice for respondents 3 and 4 and Ms.V.Vijayalakshmi takes notice for the 5th respondent.

4. The impleaded respondents are directed to produce the original files pertaining to the petition mentioned project for our perusal on 16.05.2025. We make it clear that the writ petition itself would be finally disposed of on the said date. It is open to the impleaded respondents to file their written response in the meanwhile. Post on 16.05.2025.”

2. When the matter was listed on 16.05.2025, the following order was passed:

“1. By order dated 14.05.2025, we called upon the MSME Department, Municipal Administration and Water Supply Department and Chennai Metro Water Supply and Sewerage Board to produce the files. This was on account of an allegation made in the affidavit that the non statutory entity viz., Dalit Indian Chamber of Commerce and Industry (for short “DICCI”), had been given a contract to identify the beneficiaries and the beneficiaries so identified, had entered into an agreement with one Gengreen Logistics and Management Pvt. Ltd. The materials indicated that one Mr. Ravikumar Narra was the control mind of DICCI as well as Gengreen Logistics and Management Pvt. Ltd.

2. We posted the matter to today to enable the respondents to produce the files before us.

3. Today, when the matter was taken up for hearing, Mr.P.S.Raman, learned Advocate General representing respondents 3 and 4 (State), stated that the Government had passed G.O.(Ms.) No.75, Municipal Administration and Water Supply [MW(1)] Department dated 08.06.2023, whereby, the fifth respondent had been exempted from the provisions of the TAMIL NADU TRANSPARENCY IN TENDERS ACT , 1998 (Tamil Nadu Act 43 of 1998).

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