Madras High Court

K.K.Ramesh vs The Union Of India on 2 February, 2022

W.P.(MD)No.1523 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.(MD) No.1523 of 2022
K.K.Ramesh .. Petitioner
vs

1. The Union of India,
Rep. by its Home Secretary,
Ministry of Home Affairs,
North Block, New Delhi 110001.

2. The Union of India,
Rep. by its Secretary,
Ministry of Law and Justice,
Union Secretariat, New Delhi.

3. The Union of India,
Rep. by its Secretary,
Dept. of Personnel & Training,
Ministry of Personnel, Public
Grievances and Pensions,
North Block, New Delhi.

4. The Union of India,
Rep. by its Central Vigilance Commissioner,
Central Vigilance Commission, A-Block,
GPO Complex, Satarkata Bhavan, INA,
New Delhi 110023.

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W.P.(MD)No.1523 of 2022

5. The State of Tamil Nadu,
Rep. by its Home Secretary,
Secretariat, Chennai 600 009.

6. The Director,
Vigilance and Anti Corruption,
No.298, MKN Road, Alandur,
Chennai 600 016. .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the 1st respondent to
instruct the respondents to A. install Notice Board in all Government
Department regarding corruption (Model Page No.238); B. confiscate
the movable and immovable properties of the Government Officials
who have involved in the corruption charges; C. To take action by the
anti vigilance and anti corruption officials as raid or combing
operation or through enquiry on the matter of corruption on seeing or
on information or an message; D. To monitor corruption, CCTV
camera should be installed round the clock at all government offices
and the Higher officials should monitor it in their departments; E. By
considering the petitioner's representation dated 30.12.2021.

For the Petitioner : Mr.Ramesh
Party-in-person

For the Respondents : Mr.P.Muthukumar
State Govt. Pleader
for RR 5 and 6

*****

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W.P.(MD)No.1523 of 2022

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice)

The public interest litigation has been filed to seek the

following directions on the first respondent:

A. Install Notice Board in all Government Department regarding corruption (Model Page No.238);

B. Confiscate the movable and immovable properties of the Government Officials who have involved in the corruption charges;

C. To take action by the anti vigilance and anti corruption officials as raid or combing operation or through enquiry on the matter of corruption on seeing or on information or an message;

D. To monitor corruption, CCTV camera should be installed round the clock at all government offices and the Higher officials should monitor it in their departments;

E. To consider the petitioner's representation dated 30.12.2021.

2. The petitioner is the one who is regularly filing public

interest litigations and in reference to few petitions, he was warned

for filing of petitions without a proper research, however, while

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dismissing the petition, cost was not imposed with a trust that in

future, the petitioner would not file the petition in this manner.

Para 10 of the judgment in W.P. (MD) No.13167 of 2019

(K.K.Ramesh vs. The Government of India and Ors.) dated

12.06.2019 is quoted hereunder:-

"10.For the reasons aforesaid, the writ petition is devoid of merits and is liable to be dismissed in limine. Accordingly, this writ petition is dismissed at the admission stage itself. Consequently, connected miscellaneous petition is also dismissed. This Court, while not imposing any cost on the petitioner in the above backdrop, hopes and trusts that atleast in future the petitioner/party-in-person, before filing any public interest litigation, would carry out necessary research and place materials in support of his contention before the Court."

A further reference of paragraphs 3 and 8 of the judgment dated

14.11.2018 in W.P.No.23254 of 2018 (K.K.Ramesh vs. Union of

India, reported in 2018 SCC OnLine Mad 8556) is also given. The

aforesaid paragraphs are also quoted hereunder:-

"3.The above mentioned paragraphs show that the writ petition is actually a bogey and the real intention is to get the crop loan waived by the State. This tactics cannot be

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appreciated."

...

"8. The prayer sought for is therefore cannot be granted and it is to be noted that the writ petition is seems to be targeted towards waiving of crop loans. The above mentioned paragraphs of the writ petition shows that there is some organization which is working behind the petitioner and the petitioner is not bonafide. However, keeping in mind the facts that the petitioner has appeared in person, we are not inclined to impose any costs. The writ petition stands dismissed."

This writ petition has been filed to seek general directions on the

respondents of the nature referred to above.

3. Out of the many directions sought by the petitioner, the

direction in Para B is to confiscate the movable and immovable

properties of the Government officials who have involved in the

corruption charges. The direction has been sought ignoring the legal

provisions and the procedures for confiscation of immovable

properties of the Government officials. The charges of corruption

remain subject matter of trial and an order of the nature sought by

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the petitioner cannot be given without following the provisions of

law. In the same manner in Para-C, a direction has been sought for

taking action of raid and enquiry in the matter of corruption on

seeing or on an information or a message. A sweeping direction has

been prayed ignoring even the provisions of Prevention of

Corruption Act and the procedures to be applied therein. In the

same manner, a direction is sought in Para-D to install CCTV

camera in the Government offices.

4. The contents of the writ petition show that the petitioner

filed number of petitions in regard to allotment of land to few

persons. This writ petition also makes a reference to the issue

aforesaid. In view of it, the petitioner is bringing litigation in regard

to one and the same issue in different ways misusing the jurisdiction

of this Court in public interest litigation.

5. The directions of general nature have been sought by this

public interest litigation without due reference to the legal provisions

and ignoring even the personal liberty of an individual under Article

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21 of Constitution of India. It is nothing but seems to be a publicity

interest litigation by the petitioner who has indulged in the filing of

public interest litigations one after another without a research

despite a warning earlier. It is also for different purpose than for

which jurisdiction of the public interest litigation is meant.

6. Therefore, while dismissing the writ petition looking into the

nature of the prayers sought for by the petitioner, we impose a cost

of Rs.10,000/- on the petitioner to be deposited with the Tamil Nadu

State Legal Services Authority, Madras High Court, Chennai, within

15 days from today. The petitioner is restrained from filing any

public interest litigation for a period of two years. The direction

aforesaid has been given after taking note of the series of public

interest litigations filed by the petitioner finding them to be only for

the sake of publicity and otherwise without proper research. The

platform of PIL is not meant to seek command to the Government to

work at the instance of the petitioner. The Apex Court issued

directions for framing of the rules for filing of PIL noticing misuse of

the jurisdiction.

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The Registrar-Judicial is directed to circulate copies of this

order to the concerned Section in the Principal Bench and also the

Madurai Bench of this Court.

                                                               (M.N.B., ACJ.)         (P.D.A., J.)
                                                                       02.02.2022
                     Index : Yes/No

                     Note: Mark a copy to the
                          Registrar-Judicial for
                          due compliance of the
                          order aforesaid.

                     sra




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To:

1. The Home Secretary to Union of India, Ministry of Home Affairs, North Block, New Delhi 110001.

2. The Secretary to Union of India, Ministry of Law and Justice, Union Secretariat, New Delhi.

3. The Secretary to Union of India, Dept. of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, North Block, New Delhi.

4. The Central Vigilance Commissioner, Central Vigilance Commission, A-Block, GPO Complex, Satarkata Bhavan, INA, New Delhi 110023.

5. The Home Secretary to State of Tamil Nadu, Secretariat, Chennai 600 009.

6. The Director, Vigilance and Anti Corruption, No.298, MKN Road, Alandur, Chennai 600 016.

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M.N.BHANDARI, ACJ.

AND P.D.AUDIKESAVALU, J.