THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI PUBLIC INTEREST LITIGATION NO.400 OF 2012 DATED:24.6.2013 Between:
K. Tiruvallur and another … Appellants And The Government of A.P., Rep. by its Chief Secretary Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI PUBLIC INTEREST LITIGATION NO.400 OF 2012 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the parties appearing before us and after considering the pleadings, we are of the view that this Court cannot pass any mandate order in this matter, as this petition raises highly disputed questions of fact. But, it appears prima facie that it is mainly a case of illegality otherwise action against some of the officers of the State would not have been taken.
Therefore, in order to find the truth, we direct the Collector – respondent No.5 to make a detailed enquiry into the allegations in this petition and on enquiry if it is found that any illegality has been committed by anyone else, he shall take appropriate action. In the event it is found that enquiry by himself is not possible and there is an element of criminality, then the matter may be entrusted by him to the Crime Investigation Department (C.I.D.), who, on receipt of the complaint from the District Collector, shall enquire into the matter and take appropriate steps against the concerned persons in accordance with law. The entire exercise shall be completed either by the Collector or by the CID, as the case may be, within a period of four months from the date of communication of this order.
The public interest litigation is accordingly disposed of. There will be no order as to costs.
K.J. SENGUPTA, CJ 24.6.2013 G. ROHINI, J bnr