IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 19.11.2021 PRONOUNCED ON : 11.11.2022 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.37599 of 2016 and W.M.P.Nos.32231 of 2016 & 2692 of 2017 M.Parvin ... Petitioner Versus

1.The Government of Tamil Nadu, Represented by the Chief Secretary, Fort St.George, Chennai-600 009. 2.The Government of Tamil Nadu, Represented by the Principal Secretary, Department of Housing and Urban Development, Fort St.George, Home Department, Chennai-600 009.

3.The Executive Engineer & Administrative Officer, Besant Nagar Division, Tamil Nadu Housing Board, Chennai – 600 020.

4.The Union of India, Represented by the Secretary to The Ministry of Home Affairs, North Block, New Delhi – 110 001. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari or any other Writ in the form of direction, calling for the records pertaining to the G.O.Ms.No.651, Home Department, dated 05.09.2012, issued by the 1^st respondent and quash the same.

For Petitioner : Mr.N.Alagappan For Respondents : Mr.Hasan Mohamed Jinnah, State Public Prosecutor, assisted by Mr.A.Damodaran, Additional Public Prosecutor *****

ORDER This Writ Petition has been filed to quash the G.O.Ms.No.651, Home (SC) Department, dated 05.09.2012, passed by the 1^st respondent.

2.The gist of the case is that on 16.08.2010, one Pugazhendhi, Advocate, gave a complaint to the Commissioner of Police, Chennai, stating that one Parvin Jaffer, W/o.M.S.Jaffar Sait, is a home maker, but obtained a false certificate from fake social service organization that she is a social worker. Based on that, she obtained an allotment of Plot at No.540, Kamaraj Nagar, Thiruvanmiyur, from the Tamil Nadu Housing Board. She produced a false certificate to the TNHB by stating that neither she nor her spouse are in possession of house anywhere in India. However, M.S.Jaffar Sait, husband of the petitioner, is in possession of Plot No.340, at Classic Farms at Sholinganallur, in his name, which was purchased, in November 2006, for a sale consideration of Rs.23,00,000/-. After getting allotment of the above said plot, the petitioner entered into a Memorandum of Understanding with one Durga Shankar, Proprietor of M/s.Land Mark Construction, constructed a four storied residential flat, at the plot allotted to her, by TNHB, at Tiruvanmiyur. Thereby, the petitioner cheated the Tamil Nadu Housing Board to the tune of more than Rs.2,00,00,000/-. Pursuant to the said complaint, letter No.SC/3307/2011, dated 22.07.2011, issued by the Principal Secretary to Government, Home Department, Chennai and a case was registered by the Vigilance and Anti Corruption, CC-I, in Crime No.7 of 2011, for the offence under Sections 120-B, 420 and 109 of IPC., and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act.

1988, on 23.07.2011, against M.S.Jaffar Sait and others.

3.The learned counsel appearing for the petitioner would submit that the petitioner is the wife of M.S.Jaffar Sait, IPS, who was allocated service in the State of Tamil Nadu. The petitioner's husband was holding the position of the Inspector General of Police (Intelligence) and Additional Director General of Police (Intelligence) between the period 2007 and 2011. After change of regime in Tamil Nadu in May 2011, a case registered by the Department of Vigilance and Anti Corruption against the petitioner's husband, petitioner and others in the month of July, 2011, on the complaint of one A.Shankar, a former Assistant employed in Vigilance & Anti Corruption Department, who was dismissed from service, pursuant to the departmental proceedings, in which, it is established that the said A.Shankar indulged in the theft of sensitive data from the personal official computer systems of the Director of Vigilance & Anti Corruption and leaked the stolen data to the media.

4.The petitioner's husband, a police official, has no role in the said allotment and no pecuniary