Lordship Justice S.Vaidyanathan — Chief Secretary and DGP were directed to issue circulars for compliance of various orders of this Court in letter and spirit THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.472 of 2021–Therefore, the Chief Secretary of Tamil Nadu is directed to send a circular along with a copy of this order to all IAS Officers, including those who are holding posts in Corporation, CMDA, Housing, Panchayat, Municipality, etc., to the effect that in case of any direction issued by this Court to dispose of the representation / appeal, it should be complied with in letter and spirit within the time stipulated by this Court, and, shall not create a situation for contempt to be filed to comply with the orders. Similarly, the Director General of Police is also directed to send such a circular to all his Subordinates on or before 15.04.2021. Both Chief Secretary of Tamil Nadu and Director General of Police are further directed to forward the circulars to the Registrar (Judicial) of this Court within two weeks from the issuance of such Circular without fail.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.472 of 2021
V.Kumaran … Petitioner
-vs-
1.The Commissioner of Police,
Greater Chennai City Police,
Vepery, Chennai – 600 007.
2.The Deputy Commissioner of Police,
Traffic (Suburban),
St. Thomas Mount,
Chennai – 600 016. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the Appeals of the petitioner dated 01.08.2009 and 28.12.2019 and pass orders expeditiously within a time frame fixed by this Court.
For Petitioner : Mr.M.Ramamoorthi
For Respondents : Mr.P.Karthikeyan
Addl. Govt. Pleader
*****
O R D E R
The petitioner has filed this writ petition seeking a direction to the first respondent to consider the Appeals preferred by him dated 01.08.2009 and 28.12.2019 and pass orders expeditiously.
- According to the petitioner, a false case was registered against him in Cr.No.187/08 under Sections 363, 326, 307 IPC on 05.05.2008 at Pathrivedu Police Station, Thiruvallur. He was issued a charge memo dated 29.10.2008 by the second respondent. By letter dated 10.11.2008, the petitioner requested the second respondent to defer the Departmental Enquiry until the criminal case comes to an end. Despite his request, the Assistant Commissioner of Police, Porur Traffic Sub-Division was appointed as the Enquiry Officer in the Departmental proceedings. By order dated 15.07.2009, the petitioner was dismissed from service based on the enquiry report. He preferred an appeal on 01.08.2009 before the first respondent and the same is pending till date. In the meanwhile, the Fast Track Mahila Court, Tiruvallur by its judgment dated 25.09.2019, acquitted the petitioner from the charges levelled against him under Section 302 of IPC. There is no appeal preferred by the State against the judgment dated 25.09.2019 passed in S.C.No.180/2016. Hence, the petitioner has preferred another appeal before the first respondent dated 28.12.2019 against his dismissal order dated 15.07.2009 by enclosing the judgment dated 25.09.2019. But no orders have been passed by the first respondent. Hence, the writ petition.
- Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
- Considering the facts and circumstances of the case and taking into account the fact that the petitioner’s appeal is already pending with the authority concerned, this Court directs the first respondent herein to consider the appeal preferred by the petitioner dated 28.12.2019, if not already disposed of, and pass appropriate orders thereon, in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.
- The petitioner shall furnish his phone number, email ID, if any, etc., along with a copy of the appeal dated 01.08.2009 & 28.12.2019 and this order, to the 1st respondent forthwith. The 1st respondent is directed to communicate the decision taken on the appeal, to the petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/registered post/speed post, so that there is no need for the petitioner to file contempt after expiry of the specified period. In case the authorities concerned fail to send communication to the petitioner, they will have to face the civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned un-served for one reason or the other, the same shall be kept in the file without opening it for the proof of delivery, so that the petitioner, at a later point of time, will not take a plea that he is not aware of the order.
- Of late, it is noticed that several orders of this Court, issuing directions to dispose of the representation / appeal, have not been complied with, within the time prescribed by this Court and the Authorities are sleeping over the matters, as a result of which, many contempt petitions are pending. When I was hearing a matter on 12.10.2020, in W.P.(MD)No.14135 of 2020, it was represented by the learned counsel for the petitioner therein that the order passed by the Division Bench of this Court in Mehraj Begum vs. The Government of Tamil Nadu and others [W.P.No.27499 of 2018] decided on 16.10.2018, in which I was one of the parties, has not been complied with. For the sake of convenience, the relevant paragraphs of the order dated 12.10.2020 are extracted hereunder:
“10. At this juncture, the learned counsel for the petitioner referred to a judgment of the Division Bench of this Court in the case of Mehraj Begum vs. The Government of Tamil Nadu and others [W.P.No.27499 of 2018] decided on 16.10.2018 and submitted that though several guidelines were issued in that order in respect of matters pending before various Revenue Authorities, he is not aware whether any guidelines were framed by the Government or not. For better appreciation, the relevant Paragraphs of the said judgment are extracted hereunder:
“12. Since it is represented by the learned counsel for the Petitioner that many Appeals are pending, this Court suo motu impleads the Commissioner, Corporation of Chennai, Ripon Building, Chennai as necessary party to this Writ Petition and passes the following directions:
(a) Respondents are directed to de-seal the building constructed by the Petitioner for the purpose of rectifying the defects and the building shall not be occupied for any other purpose, much less residential purpose.
(b) If the respondents are unable to demolish the building, then it is left open to them to demolish / remove all the doors, windows, glasses, toilet seats and bidets, kitchen cooking platform, waterline pipes running into domicile from water tank or sump or any other mode to wash basins, kitchen and rest rooms, including the tap / shower.
(c) In the event of the building being found locked or closed by the occupants, the respondents shall drill the roof of the building and make a big hole so that the building cannot be occupied any more.
(d) Respondents shall ensure that proper set back is maintained in the building in question and also ensure as to whether the building in question has encroached the Road.
(e) If the violated portions are not rectified, Respondents are directed to demolish the same.
(f) Till the building is brought in accordance with the Sanctioned Plan, there shall not be electricity supply to the building in question. Though this Court is entitled to disconnect water supply to the building in question, taking note of the fact that the neighbours of the Petitioner will suffer, water supply is not disconnected.
(g) The Appellate Authority shall conduct the proceedings once in 15 days and ensure that the building in question is brought in accordance with the sanctioned Plan within six months.
(h) If the Officials concerned do not adhere to the procedures mentioned supra, the Government shall post the erring Official in a non-sensitive post.
(i) Wherever Appeals are pending before the authorities concerned as regards buildings constructed in violation of the Sanctioned Plan, there shall be an interim order by the Appellate Authority and there shall be disconnection of electricity supply to the said violated portion, if the building is not brought as per the Sanctioned Plan within the time limit.
(j) whenever an appeal or any petition is filed under the Tamil Nadu Town and Country Planning Act, 1971, the said application should reflect the very same number and in case of appeal, the original number should also find place. That apart, the owner of the house / flat shall exhibit in a notice board outside the premises that appeal is pending before the authority, by giving necessary details/numbers, like original application, appeal, writ petition, if any and the authorities concerned shall also forward a copy of the same to the Metro Water and Tamil Nadu Electricity Board for appropriate action.
(k) The 1st Respondent/Secretary to the Government of Tamil Nadu, Housing and Urban Development Department and the 5th Respondent/Commissioner, Corporation of Chennai, Chennai are directed to furnish the following particulars to this Court on or before 18.12.2018:
(i) Number of appeals pending before the authorities;
(ii) Number of cases, wherein directions have been issued by this Court.
- It is needless to mention that the 1st respondent will have to follow the guidelines, while passing orders in all the applications filed under the Tamil Nadu Town and Country Planning Act, 1971. Even though the Act empowers to grant an interim order, the interim order cannot be absolute. If there are any violations, as the Act is silent, the authority concerned is bound to order disconnection of electricity till the building is altered in accordance with the plan. That apart, the 1st respondent has to ask the occupier to rectify the defects and for that purpose alone, the building could be unlocked or unsealed and not for continuation of occupation in the violative portion. When the Court is empowered to inspect the site under Order XVIII Rule 18 of CPC, nothing prevents the authority to inspect the place, as the same will ensure removal of encroachment / violations of constructions and that Government lands are restored. The purpose of the Act is to ensure that the buildings are constructed in accordance with the plan and not in violation of the plan. The deviations could be permissible in accordance with Rules to some extent and not in its entirety. There cannot be any encroachments on roads, OSR, parks, lakes, Odai and other public places.
- When there is a demand by the Applicant or Complainant that he/she has got to be heard with regard to violations / encroachments, it is the duty bound on the part of the authorities concerned to inspect the site so that different considerations by authorities may not arise. If any proceedings are started based on the application, the same should be conducted on day to-day basis without adjourning the matter beyond seven working days at any point of time.
- The above directions shall be followed in all the pending appeals or in other matters pending before the 1 st respondent or before the notified authority under the Tamil Nadu Town and Country Planning Act, 1971.
- With the above directions and observations, this Writ Petition stands disposed of. No costs. Consequently, connected W.M.P.No.32010 of 2018 is closed.
- List this matter before us on 20.12.2018 for ‘Reporting Compliance’ by the respondents in respect of Paragraph Nos.12 to 15.”
- However, the question whether the above order has been complied with or not cannot be gone into this Writ Petition and it is for the Division Bench to ascertain the compliance of the orders of this Court and see to that the order is implemented. If the orders are not complied with and any contempt petition is filed, and, in the event of the Court coming to the conclusion that there is a wilful and deliberate disobedience of the orders of this Court, appropriate orders will be passed. If the Authority is an IAS Officer under the relevant provisions of the Act and he/she has disobeyed the orders of this Court, they should be punished with imprisonment, and imposition of fine under the Contempt of Courts Act will be secondary, and the imprisonment should be primary and the issue will be decided based on the facts of each case.”
- In addition to the above, it was also reported that in several cases involving heinous offences, Charge Sheets have not been laid even after registration of FIRs long back, as a result of which, the accused are allowed to wander freely in the society, after getting either anticipatory bail or default bail and indulge in further crimes.
- Therefore, the Chief Secretary of Tamil Nadu is directed to send a circular along with a copy of this order to all IAS Officers, including those who are holding posts in Corporation, CMDA, Housing, Panchayat, Municipality, etc., to the effect that in case of any direction issued by this Court to dispose of the representation / appeal, it should be complied with in letter and spirit within the time stipulated by this Court, and, shall not create a situation for contempt to be filed to comply with the orders. Similarly, the Director General of Police is also directed to send such a circular to all his Subordinates on or before 15.04.2021. Both Chief Secretary of Tamil Nadu and Director General of Police are further directed to forward the circulars to the Registrar (Judicial) of this Court within two weeks from the issuance of such Circular without fail.
This Writ Petition is disposed of accordingly. No costs.
02.02.2021
Index : Yes/no
Speaking order : Yes/No
rsi/ar
Note: Issue order copy on 02.03.2021
S.VAIDYANATHAN, J.
rsi/ar
To
1.The Commissioner of Police,
Greater Chennai City Police,
Vepery, Chennai – 600 007.
2.The Deputy Commissioner of Police,
Traffic (Suburban),
St. Thomas Mount,
Chennai – 600 016.
- The Chief Secretary,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
- The Director General of Police,
Post Box No.601, Dr.Radhakrishnan Salai,
Mylapore, Chennai-600 004.
W.P.No.472 of 2021
- 02.02.2021
Lordship Justice S.Vaidyanathan — Chief Secretary and DGP were directed to issue circulars for compliance of various orders of this Court in letter and spirit
