Madras High CourtWP(MD)/3037/2015disposed of

A. Kannan, v. The Chief Secrtary

2015-06-12Honourable The Chief Justice,Honourable Mr Justice S. Manikumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/6/2015 C O R A M THE HONOURABLE MR.SANJAY KISHAN KAUL,THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.MANIKUMAR Writ Petition (MD) No.3037 of 2015 and MP(MD)NO.1 TO 3 OF 2015 A. Kannan ...

Petitioner Vs

1. The Chief Secretary to the Government of Tamil Nadu Secretariat

2. The Secretary to Government of Tamil Nadu Public Department Secretariat

3. The Secretary to Government of Tamil Nadu Home Department Secretariat

4. The Secretary to Government of Tamil Nadu Secretariat

5. The Secretary to Government of Tamil Nadu Co-operation & Food and Consumer Secretariat

6. The Director General of Police Mylapore

7. The Secretary to Government of Tamil Nadu Commercial Taxes and Registration Department Secretariat

8. The Director of Vigilance and Anticorruption NCB 21 - 28 P.S.Kumarasamy Raja Salai (Greenways Road) Raja Annamalaipuram

Chennai 600 028.

9. The Joint Director Central Bureau of Investigation South Zone III Floor Shastri Bhavan No 26 Haddows Road Nungambakkam Chennai 600 006.

10. Thiru.D.Mohan Joint State Protocol Officer/ Reception Officer Tamil Nadu State Guest House Chepauk Chennai 600 005.

11. Mr.Balaji Saravanan Additional Deputy Superintendent of Police O/o. S.P.CBCID 91-H Veethikadu Perumanallur Coimbatore 641 666.

12. Mr.Aravind Additional Deputy Superintendent of Police No.10 Teacher's Colony Allasamudram Namakkal 637 503.

13. Mr.Kumaravel Pandian DRO/GM Margandapuram Kuthampundi Village & Post Ottanchatram Taluk Dindigul 624 616.

14. Mrs.Palaneeswari Deputy Registrar of Co-operative Societies No.31 Swamy Naicken Street Chinthathiripet Chennai 600 002.

15. Thiru.K.Balasubramaniam District Revenue Officer C/o. Secretary to Government

16. V.Chamundeeswari Deputy Registrar of Co-operative Societies C/o.Secretary to Government

Food Co-operation & Consumer

17. T. Vanitha Deputy Registrar of Co-operative Societies C/o.Secretary to Government Food Co-operation & Consumer Protection Department

18. D. Ravichandran District Revenue Officer C/o.Secretary to Government

19. S. Maheswaran Additional Deputy Superintendent of Police C/o. Director General of Police

20. K. Shanmugam Additional Deputy Superintendent of Police C/o. Director General of Police

21. Sumathi Deputy Commissioner of Commercial Taxes Commercial Taxes & Registration Department Chennai 600 009.

22. B. Subhashini Assistant Commissioner of Commercial Taxes C/o. Secretary to Government Commercial Taxes & Registration Department

23. K. Suganthi Deputy Commissioner of Commercial Taxes C/o. Secretary to Government Commercial Taxes & Registration Department

24. M. Thangavel District Revenue Officer C/o. Secretary to Government

25. Vijayarani Joint Commissioner of Land Administration Chepauk Chennai 600 005.

26. Elanselvi Deputy Registrar of Co-operative Societies C/o. Secretary to Government Food Co-operation & Consumer

27. G. Chithirapavai Deputy Registrar of Co-operative Societies C/o. Secretary to Government Food Co-operation & Consumer Protection Department

28. K. Stalin Additional Deputy Superintendent of Police C/o. Director General of Police

29. M. Dhanalakshmi Deputy Registrar of Co-operative Societies C/o. Secretary to Government Food Co-operation & Consumer

30. G. Stalin Additional Deputy Superintendent of Police C/o. Director General of Police

31. B. Ganesan District Revenue Officer C/o. Secretary to Government ...

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 7 herein to initiate appropriate actions in accordance with law and rules against respondents 10 to 31 and other delinquent officials based on the Government records which was supplied to the petitioner herein and was sent to the respondents herein on 11/2/2015 within a time frame fixed by this Court and consequently to place the respondents 10 to 31 under suspension forthwith pending completion of the departmental action and further order a judicial enquiry to enquire into the allegations levelled against the other remaining out of the 65 Group - I officers selected for the year 2000 - 2001 and at present working in the State of Tamil Nadu who had made false entries as to their purpose of visit in the Tamil Nadu State Guest House, New Delhi and gained undue pecuniary advantage by illegally staying there between the period from 4/3/2011 to 25/11/2014.

For petitioner ...

Mr.W.Peter Rameshkumar For respondents ...

Mr.K.K.Chellapandian, AAG assisted by Mr.Rajakarthikeyan for R.R.1 to 8.

Mr.S.Jayakumaran for R.9.

Mr.K.K.Senthilvelan for R.R.11, 22 and 30.

Mr.Lajapathi Roy for R.R.13, 23 and 28.

Mr.E.K.Kumaresan for R.12, 26, 27 Mr.S.Arun Kumar for R.19 Mr.A.Ganapathy Raman for R.25

O R D E R

[Order of the Court was made by The Honourable the Chief Justice] The petitioner, an Advocate, who has nothing to do directly in the lis in question about the appointment of the private respondents, seeks to raise the issue that these private respondents were staying in the Tamil Nadu Guest House, on a concessional rate being Government Officers, even though the Supreme Court opined against them and upheld the view of this Court by dismissing C.A.No.5877-78 of 2014. The petitioner prays that these private respondents should be placed under suspension forthwith, judicial enquiry to be held in respect of allegations made against them and for the State of Tamil Nadu which made false entries for their purpose of their visit in the State Guest House.

2. In the counter affidavit filed by the 30th respondent, inter alia, it has been pointed out that review petitions have been filed, wherein the Honourable Supreme Court was pleased to issue notice and interim orders had been granted, directing status-quo to be maintained.

3. The petitioner had never assailed the appointment of these officers, but subsequent to the judgment of the Honorable Supreme court and notices being issued in there view petitions, the petitioner and three other persons have sought to intervene in the legal battle, by moving an application before the Honourable Supreme Court. In fact, no notice is stated to have been issued by the Honourable Supreme Court in that application.

4. We find the present writ petition is completely misconceived. The question of taking any action would have arisen under the judgment of this Court and the honorable Supreme Court, if the honorable Supreme Court had not granted interim orders directing status quo to be maintained. Once that order is granted, it is not open to anyone to plead on the basis of the orders passed by this Court or by the honorable Supreme Court under Review and that too a third party and claim relief under the grab of public interest litigation.

5. In fact, the petitioner is quite aware of the Supreme Court proceedings as he is one of the persons, who moved an application seeking intervention in the matter in which notices have also not been issued. The endeavour by the Public Interest Litigation is to really overreach the orders of the Honourable Supreme Court already operating.

7. Accordingly we dismiss the writ petition. No costs. Connected M.P(MD)Nos.1,2,3 of 2015 are closed.

SD ASST REGISTRAR (CO) TRUE COPY SUB ASST REGISTRAR mvs.