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1995 Supreme(Mad) 470

SRINIVASAN, S.S.SUBRAMANI
Dr. J. Jayalalitha – Appellant
Versus
Dr. M. Channa Reddy, Governor of Tamil Nadu, Madras and Others – Respondent


Advocates:
K.Parasaran, Senior Counsel for M/s.A.Jinasenan and V.Ayyadurai, for Petitioner. G.Ramaswamy, Senior Counsel for G.Rajagopalan, for Respondent Nos.1 and 2. Kapil Sibal, Senior Counsel assisted by R.Muthukumaraswamy, Government Pleader, for Respondent No.3. Subramanian Swamy, Respondent No.4, Party-in-Person.

Judgment :-

Srinivasan, J.

The petitioner is the Chief Minister of the State of Tamil Nadu. The first respondent is the Governor of the State. The fourth respondent presented a petition on 11. 1993 to the first respondent praying for sanction to prosecute the petitioner under Sec.197 of the Code of Criminal Procedure and Sec.19 of the Prevention of Corruption Act on allegations of corruption and criminal misconduct. As no orders had been passed on the said petition, the fourth respondent filed W.P. No.7996 of 1994 in this Court for issue of a writ of mandamus to direct the first respondent, who was described as "the Deciding Authority and His Excellency the Governor of Tamil Nadu, Madras" to grant necessary sanction for prosecuting the petitioner herein, who was the second respondent therein, under the provisions of Sec.19 of the Prevention of Corruption Act, 1988. The third respondent in that writ petition was the State of Tamil Nadu represented by the Chief Secretary to Government. The court entertained a doubt as regards its maintainability and ordered notice of motion. The three respondents in the said writ petition contended that the same was not maintainable and relied upon th

































































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