BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.11637 of 2025 M.Iniyavan, Advocate, No.1/6D, Paramaguru Street, Ambalakaranpatti, Valar Nagar, Madurai - 625010. ... Petitioner vs.

1. The Director, Directorate of Vigilance and Anti Corruption (DVAC), No.293, MKN Road, Alandur, Chennai – 600 016.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption (DVAC), 1/165G, Alagar Kovil Main Road, Madurai - 625002. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents to register the Information and take appropriate action by rejecting any other proceedings if any.

For Petitioner : Mr.S.Yasar Arafth For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

ORDER

(Order of the Court was made by J.NISHA BANU, J.

The petitioner, who is a practicing Advocate in Madurai, has filed this Public Interest Litigation for issuance of a Writ of Mandamus, directing the Respondents to register the Information and take appropriate action by rejecting any other proceedings if any.

2. Learned counsel for the petitioner would state that the petitioner is independently monitoring and analysing through the news and media sources regarding various public procurement practices undertaken by the Tamil Nadu Civil Supplies Corporation in Madurai region and other parts of Tamil Nadu involving companies owned and controlled by Mr.T.S.Kumarasamy and his associates. He came to understand that certain high ranking public servants, including former Ministers, Secretaries and Heads of Departments have in active collusion with Mr.T.S.Kumarasamy and his associates, committed serious offences including offences under Section 120-B of IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. According to the petitioner, contracts worth hundreds of crores have been systematically awarded to these entities at grossly inflated prices by distorting tender conditions to their exclusive benefit, thereby eliminating healthy competition and causing substantial losses to the public exchequer. The public are not getting quality products which have been promised by the Government. The money sanctioned by the Government to these contractors, have been returned to the politicians, Government officials and others for awarding contracts to particular entities only. This is the reason why the very same companies have been the beneficiaries of all the tenders.

3. Learned counsel for the petitioner would further state that by adopting the following modus operandi namely, (i) by arbitrary alteration of eligibility criteria in tender documents; (ii) manipulation of tender conditions and systematic exclusion of established competitive bidders;

(iii) award of tenders to particular companies which often sub-

contract the actual supply to previously existing vendors and deliberate restriction of tender time-line and other barriers to fair participation;

(iv) artificial inflation of procurement prices;

(v) favouritism and nepotism in tender awards; and (vi) misuse of authority by public servants for personal or political gain;

tenders are being awarded to Mr.T.S.Kumarasamy and his group concerns to unduly favour them. The petitioner has set out the list of tenders illegally awarded to Mr.T.S.Kumarasamy and his companies in collusion and corruption with higher officials. In this writ petition, the petitioner has also narrated the instances of procurement and supply of sugar, dhal and palmolein to Tamil Nadu Civil Supplies Corporation at high rates, by quoting the relevant prevailing market rates, in order to prove the allegation of unjust enrichment of both public officials and private entities.

4. Learned counsel would further contend that T.S.Kumarasamy related firms, rather than supplying the commodities directly to TNCSC, sub-contracted the