High Court · 2025

WP Crl. No. 1106 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21-11-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARWP Crl. No. 1106 of 2025L.Djegaradj MoncherS/o.Lourdnathan, Residing at Lourd Illam, Plot No.2 and 3, 1st Cross Street, Ganapathy Nagar, Ellaipillaichavady, Puducherry- 605005.Petitioner(s)vs1. The Superintendent of PoliceCentral Bureau of Investigation, Anti Corruption Branch, Chennai.2.The Inspector of policeCentral Bureau of Investigation, Anti Corruption Branch, Chennai.3.R.GopiM/A. Not Known, Assistant Engineer, 2/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025Buildings and Roads (South) Division, Public Works Department, Puducherry.Respondent(s)PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to conduct an enquiry and register a case against the 3rd respondent pursuant to the representation dated 24.09.2025.For Petitioner(s) :Mr.M.RajkumarFor Respondents-1 & 2:Mr.K.SrinivasanSpecial Public Prosecutor for CBI casesORDERThis Court, on 12.11.2025, had passed the following order:“The petitioner is a Class-I Civil Contractor. He was awarded contract by PWD, Puducherry for improvement of road from Padagu Chetti Channel Road from Embalam road to Uruvaiyar Km 0/000 to 2/000 and improvement of road from Pathukannu to Ulavaikkal km 0/000 to 3/120. The complaint of the petitioner is that as per the condition of contract, the petitioner completed work in time on 17.02.2023. The work was carried 3/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025under PMGSY scheme in Puducherry. On the day of completion of the work, the Junior Engineer, R.Gopi, the Assistant Engineer and the Executive Engineer came to the work site, checked all the measurements and all the three Officers got satisfied with the work executed and signed the Measurement Book (M.B.No.160,page15). Thereafter, the Superintending Engineer inspected the site on 29.03.2023 and he had also certified the completion of work. Thus, the Field Engineers and Superior Officers/Engineers certified the completion of work. 2.While so, on 06.04.2023, the petitioner received a letter from one R.Gopi, Assistant Engineer, informing, again he needs to carry out joint verification of the measurements in order to finalise the bill and payment. This is unjust and hence, he raised objection that purpose to carry out joint verification is only to extract money from him. The Assistant Engineer manipulated the measurement books in M.B.No.0160, page nos.13 & 15, MB.No.0159, page no.13 and the other records with a motive to demand bribe. The petitioner sent complaints to various authorities from 19.04.2023 onwards and was waiting for reply. But despite five complaints by the petitioner, with proof and evidence, except acknowledgement cards, no reply from the authorities. Hence, petitioner sent a complaint to the Central Vigilance Commission, New Delhi, still 4/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025there was no response. Due to manipulation without authority by the said R.Gopi, Assistant Engineer vide ref. M.B.No.0160, page no.13, the payment of Rs.98,59,459.86, which is the due amount as per tender condition, was arbitarily reduced and finalized the bill for a sum of Rs.74,09,069/-. This is for the reason the petitioner not paid as deigned and the petitioner raising objections for demand of illegal payments of money by the PWD officials/engineers. 3.The petitioner submitted that this correction and tinkering with 'M' Book by the PWD officials is against CPWD Manual 2019 vide para S.O.P.No.5 of 2021, wherein, it is clearly stated that any corrections in the measurement book requires signatures of both the Executive Engineer and the Contractor. Without the Contractor's signature and approval, the Executive Engineer and Assistant Engineer cannot make any modification or corrections on their own, which is arbitary, the corrections and manipulation made with an ulterior motive to extract money and to make illegal gratification. The petitioner received calls from the mediators namely, P.Eganathan and S.Sankar, petitioner advised to settle the matter smoothly with Mr.R.Gopi, Assistant Engineer. Since all the Engineers teamed up together to ensure unless the demanded money is paid, the amount due with held, and not paid to the petitioner. The conversation between the brokers/mediators and the petitioner 5/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025recorded. The petitioner is ready to submit the same confirming the demand of illegal money. The petitioner sent a lawyer notice to the Chief Engineer, PWD, Puducherry on 09.07.2025 and to other Engineers. The petitioner came to know some department proceedings against the erred officials initiated now but the petitioner's complaint kept away. The Chief Engineer, after the lawyer's notice of the petitioner arranged for measurements by IIT, Madras for cross verification but no action taken with regard to correction and manipulation of Government records, forgery committed, further no action taken against the mediators. The petitioner called upon the Chief Engineer and reiterated his complaint. According to the petitioner, the Engineers from Public Works Department, right from the top position including the Assistant Engineer are hand in glove. Hence, he sent a complaint to the respondents, Superintendent of Police, CBI on 24.09.2025. This complaint received by the CBI but no action taken. In support of his contention, the petitioner had filed a copy of the complaint, postal acknowledgement, the photographs of the work executed, the corrections carried out in the M-Book, a copy of the computerised measurement book, in support of his contention.4.The learned Special Public Prosecutor served with the copies of the petition and the typed set of papers. The learned 6/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025Special Public Prosecutor submitted that earlier petitioner sent a complaint on 29.09.2024 with similar averments. This complaint closed on 14.03.2025 finding that there was no demand of bribe by the officials of the Public Works Department. He further submitted, whether the petitioner earlier submitted the measurement book, photographs now produced and whether specific complaint about the tampering, correction in the 'M' Book made and with regard to violation of CPW Manual is not known. To verify the same and to made his submissions, seeks short accommodation.5.Post on 21.11.2025.”2.In continuation and conjunction to the earlier order passed by this Court on 12.11.2025, the learned Special Public Prosecutor today produced the earlier complaint of the petitioner dated 25.09.2023, which was received by the respondent/CBI on 29.09.2023. Thereafter it was taken up for scrutiny and found there is no allegation of corruption. Further, along with the complaint the petitioner not submitted the corrected version of M-book, which is projected before this Court and in the present complaint dated 7/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 202524.09.2025. If the petitioner produces the corrected M-book, the same would be taken for scrutiny and thereafter appropriate actions would be taken, if required.3.The learned counsel for petitioner submitted that at the time of his earlier complaint the petitioner was not aware about the tampering or correction made in the M-book. He is ready to produce the tampered M-book to the CBI.4.In view of the above, the petitioner is directed to produce the copy of the complaint dated 24.09.2025 along with the corrected M-book and any other documents in his possession to support his complaint to the respondent/CBI, within a period of two weeks from the date of receipt of a copy of this order. Thereafter the respondent/CBI to take necessary action.8/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 20255.With the above directions, the Writ Petition is disposed of. 21-11-2025Index : Yes/NoInternet : Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Norsi9/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025To1.The Superintendent of PoliceCentral Bureau of Investigation, Anti Corruption Branch, Chennai.2.The Inspector of policeCentral Bureau of Investigation, Anti Corruption Branch, Chennai.3.The Public Prosecutor,High Court, Madras.10/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 2025M.NIRMAL KUMAR, J.rsiWP Crl. No. 1106 of 202511/12 https://www.mhc.tn.gov.in/judis WP Crl. No. 1106 of 202521.11.202512/12