Madras High Court
V.Kumaran vs The Commissioner Of Police on 2 February, 2021
W.P.No.472 of 2021
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
*****
ORDER
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.
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W.P.No.472 of 2021
2. 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.
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W.P.No.472 of 2021
3. Heard the learned counsel appearing for the petitioner and
the learned Additional Government Pleader appearing for the
respondents.
4. 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.
5. 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
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W.P.No.472 of 2021
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.
6. 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
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W.P.No.472 of 2021
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.
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W.P.No.472 of 2021
(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,
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W.P.No.472 of 2021
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.
13. 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.
14. 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.
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W.P.No.472 of 2021
15. 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.
16. 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.
17. List this matter before us on 20.12.2018
for 'Reporting Compliance' by the respondents in respect
of Paragraph Nos.12 to 15.”
11. 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.”
7. 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.
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W.P.No.472 of 2021
8. 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
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W.P.No.472 of 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.
3. The Chief Secretary,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
4. 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
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