Explained | What is the suo motu case against T.N. Minister I. Periyasamy all about?

Justice Venkatesh of Madras High Court takes up suo motu petitions against politicians acquitted in criminal cases.

In 2023, Justice N. Anand Venkatesh of the Madras High Court took up as many as six suo motu criminal revision petitions against the acquittal/discharge of different politicians from various criminal cases. The first case in which a verdict was delivered on February 26, 2024 turned out to be that of Rural Development Minister I. Periyasamy.

The incumbent Minister for Rural Development I. Periyasamy of Dindigul, had served as Minister for Housing during the previous DMK regime between 2006 and 2011. In March 2008, he had allotted a Tamil Nadu Housing Board’s (TNHB) ‘High Income Group’ plot under the Mogappair Eri Scheme to C. Ganesan who was the personal security officer (PSO) to then Chief Minister M. Karunanidhi. The plot was allotted under the State government’s discretionary quota by terming the beneficiary an “impeccable and honest government servant.”

After the DMK lost power in 2011 and the AIADMK returned to the treasury benches, the Directorate of Vigilance and Anti Corruption (DVAC) registered a First Information Report (FIR) in February 2012 after finding that there was something seriously amiss about the manner in which the allotment was made.

According to the DVAC, the former PSO, serving in the rank of Inspector of Police in the Special Branch-Criminal Investigation Department’s (SB-CID) core cell, had given an undated application addressed to the then Chief Minister for allotment of the TNHB plot to him. In the application, he had made a false claim of residing at a private house on payment of an exorbitant rent, although he was actually residing at the TNHB residential quarters in K.K. Nagar in Chennai, for a monthly rent of ₹1,180.

The applicant had not enclosed any document to support his claim; neither did it bear the seal or signature of any officer to acknowledge receipt. Yet, it was numbered 5732/HB-5(I)/08 by the Housing Development Department on March 6, 2008 and an office note was initiated on the same day with a suggestion that Plot No.1023 in the ‘HIG’ category in the Mogappair Eri Scheme be allotted to him.

This application was signed by the Housing and Urban Development Secretary R. Sellamuthu on March 7, 2008 and was approved by the Miniser on March 10, 2008 when a Government Order was also issued at break-neck speed allotting the plot to the applicant. On March 18, 2008, TNHB issued a provisional allotment order and asked the beneficiary to pay ₹74.13 lakh on or before March 31, 2008.

Even before the provisional allotment was made, Ganesan entered into a joint development agreement with real estate developer Kavitha on March 16, 2008. As per the agreement, Kavitha would pay ₹74.13 lakh as a non refundable deposit and also allot 15% of the Undivided Share (UDS) to Ganesan after retaining the remaining 85%