Pachaiyappa ,S Board Of Trust v. The Advocate General

Application No.3553 of 2019 in Application No.2624 of 2018 R.SURESH KUMAR, J.

The prayer sought for herein are as follows, "To direct the Commissioner of Police, Greater Chennai, Egmore, Chennai and Deputy Commissioner of Police, Kilpauk Police Station, Chennai to provide sufficient security for the office and personal police protection to the Interim Administrator of PTB."

2. Heard Mr. K.V. Sundararajan, learned counsel for the applicant. Learned counsel submits that in order to have the interim administration of the Pachaiyappas Trust Board, this Court, by an order dated 14.06.2018, appointed the former judge of this Court, Honourable Mr. Justice P.Shanmugam as Interim Administrator and pursuant to the same, the learned Judge has taken charge the interim administration and has been administering the trust.

3. While so, when the college committee meetings were convened on 18.01.2019 and 15.04.2019, certain decisions were taken to initiate action against the erring persons, who had allegedly involved in forgery, misuse of official letter heads, collection of rents without authority and dealing with I.T. department without information and knowledge of the Interim Administrator.

4. On 11.04.2019, some persons in the guise of demonstration, assembled in front of the Pachaiyappas Trust Board office and instigated

others to prevent the entry and functioning of the Trust Board Office. Therefore, it was necessitated to give a police complaint on 11.04.2019 itself by the estate officer of the Trust as well as the Interim Administrator to the Deputy Commissioner of Police, Kilpauk, Chennai-600 010. Learned counsel for the applicant also pointed out that, those who gathered and shouted slogans, went to the extent of locking the Trust Board office and only after the intervention of the police, the staff have been rescued.

4. Learned counsel also pointed out that, the Interim Administrator has been appointed only pursuant to the orders of this Court and if this kind of threat comes from the people, who are working in the Trust Board Office or working in the institutions run by the Trust Board or from any third party, certainly the Interim Administrator cannot execute his functions properly and therefore, it becomes absolutely necessitated that, adequate police protection to be given for the Interim Administrator and the staff of the Interim Administrator, while working in the office at the Trust Board.

5. I have considered the said submissions made by the learned counsel for the applicant and have gone through the materials placed before this Court. On 11.04.2019, the Estate Officer as well as the Interim Administrator have given police complaint to the Inspector of Police, Kilpauk Police Station, Chennai and the Deputy Commissioner of Police and the contents of the said complaint reads thus,

"Ever since I took charge, I have appointed three Secretaries to look after the management of the properties, colleges and the Trust Office. Few persons who were in the centre of illegal activities in the college and office are very much aggrieved against the court appointed officers. The large scale corruption and mismanagement is very much contained. Inspite of vigilance maintained by us, we have come across forged letters in the name of Secretaries as against which show cause notices were issued. This tendency has gone to the extent of even forging the signature of Secretary Thiru A.Natarajan. Since it was very serious matter, I have decided to convene the College Committee meeting on 15.04.2019 in accordance with law to initiate actions against the persons responsible.

I have also decided to lodge a criminal complaint of forgery after the meeting of the College Committee. Anticipating action by the College Committee and in order to prevent the College Committee to function the persons responsible for the forgery and other illegal actions are instigating few members of staff to stage a protest in front of the Pachaiyappa's Trust Office commencing from today. In the above circumstances, it is submitted that our actions are quite in accordance with the rules and regulations. But unable to face the matter by making representations to the Director of Collegiate Education or other higher authorities if they are aggrieved, the persons are resorting to form of protest so as to shout, abuse, to humiliate the officers in front of the office.

to humiliate and to make news in the media. Nobody has sought permission for any kind of protest or to sit in front of the office. The examinations are going on the colleges and election meetings are also happening in that area. Therefore, the activities of these persons are illegal and amounts to unauthorised trespass in the office of the Pachaiyappa's Trust. Now, the Secretaries and Staff are locked from outside confining wrongfully. I therefore request you to take appropriate steps to prevent the above actions by a section of said to be members of staffs."

6. Once the Interim Administrator, who has been appointed by this Court, is intimidated by any one, as has been complained by the Interim Administrator in the said complaint, it is justifiable on the part of the Interim Administrator to make a plea that he requires police protection for the smooth administration of the Trust. Moreover, it is not practically possible for the Interim Administrator to make a complaint every now and then to the police, seeking protection and with that kind of situation, no one can be expected to work peacefully. The Interim Administrator, being a former Judge of this Court, must be given conducive and dignified atmosphere to discharge his duties as the Interim Administrator of the Trust. Therefore, this Court is inclined to pass the following order.

7. The Commissioner of Police, Greater Chennai and the Deputy Commissioner of Police, Kilpauk Police Station, are hereby directed to provide

adequate police protection to the Interim Administrator and the Trust Board Staff attached to the Interim Administrator, to discharge their duties fearlessly in a conducive and dignified atmosphere at the Pachaiyappas Trust Board Office and its vicinity in Chennai. The time of the security to be provided, as directed above, can be fixed by the concerned police officials, after having discussion with the Interim Administrator. In this regard, the Interim Administrator is at liberty to discuss with the police officials to explain the strength of the police personnel required as well as the timings. Accordingly, the police officials can take a decision and execute this order. This application is ordered in the above terms.

30-04-2019 KST Note :

Office to issue the order copy today (30.04.2019)

R. SURESH KUMAR, J.

KST Application No.3553 of 2019 in Application No.2624 of 2018 30.04.2019