The Tamil Nadu government has officially closed a complaint alleging financial and procedural irregularities in the construction of eleven medical college buildings during the tenure of former Chief Minister Edappadi K Palaniswami. The decision was based on the finding that there was no prima facie case established against the AIADMK general secretary.
Court Questions Legal Grounds of Closure
This closure was presented before the Madras High Court by Advocate General P S Raman. The submission was made in response to a public interest litigation (PIL) filed by N Rajasekaran from Thiruvarur. The first bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan, recorded the government's stance but raised a critical legal question.
The bench has directed the petitioner to substantiate, with references to relevant judgments from the Supreme Court and other High Courts, whether a decision to close a complaint on the grounds of 'no prima facie case' can even be subjected to judicial review. The hearing has been adjourned pending this explanation.
Details of the Alleged Irregularities
The petitioner's complaint centered on a major policy initiative to establish one medical college in each district of Tamil Nadu. The funding model involved a 60% contribution from the central government and 40% from the state. Eleven new colleges, each with a capacity for 150 students, were sanctioned for the following districts:
- Krishnagiri
- Tiruvallur
- Ariyalur
- Kallakurichi
- Namakkal
- Ramanathapuram
- Virudhunagar
- Dindigul
- Nagapattinam
- Tirupur
- The Nilgiris
Rajasekaran alleged that government officials colluded with the then-ruling AIADMK to allot the construction tenders to pre-decided contractors. A key accusation was that the constructed buildings did not meet the specifications outlined in the government orders (GOs).
For instance, while a GO mandated construction up to 11.76 lakh square feet, the petitioner claimed only 9.99 lakh square feet was actually built. He asserted that none of the eleven colleges were constructed as per their respective GOs.
Call for CBI Probe and Next Steps
The PIL implicated the former Chief Minister, who also held the Public Works Department portfolio, along with officials including the then Principal Chief Engineer Rajamohan. It alleged a conspiracy with contractors leading to the swindling of several crores of rupees.
Dissatisfied with the inaction of the Directorate of Vigilance and Anti-Corruption (DVAC) on his initial complaint, the petitioner approached the High Court seeking an investigation by the Central Bureau of Investigation (CBI). The court's latest directive now puts the onus on the petitioner to first establish the legal premise for challenging the government's decision to close the complaint, setting the stage for the next phase of this legal battle.
