DIn the result, these Writ Appeals are dismissed, with a direction to the Management to implement the order of the learned Single Judge within three months from today. For dragging the employee from one Court to another endlessly with tiresome litigation, the Apex Court has imposed costs of Rs.5,00,000/~ in the case of The Secretary to Government and another vs. P.G.Venugopal [Special Leave to Appeal (C) No.15917 of 2022) decided on 19.09.2022. Though this is also a fit case to impose costs, we refrain from doing so with a hope that the State will act as a model employer. No costs. Consequently, the Miscellaneous Petitions are closed. (S.V.N., J) (M.S.Q., J) 10.01.2023 https://www.sekarreporter.com/in-the-result-these-writ-appeals-are-dismissed-with-a-direction-to-the-management-to-implement-the-order-of-the-learned-single-judge-within-three-months-from-today-for-dragging-the-employee-from-o/
16.For the above mentioned conclusions arrived at by us, we are of the view that the order impugned in this appeal is not perverse and is wholly sustainable and does not call for any interference. Hence, the writ appeals fail and the same are dismissed. However there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed, if any. (T.R., J.) (K.B., J.) 15.12.2022. For Appellant : Mr.V.Prakash, Senior Counsel for Ms.Ramapriya Gopalakrishnan For Respondents : Mr.S.Jayaraman for R1 R2 – Court Mr.S.Shivathanu Mohan for R3 for https://www.sekarreporter.com/16-for-the-above-mentioned-conclusions-arrived-at-by-us-we-are-of-the-view-that-the-order-impugned-in-this-appeal-is-not-perverse-and-is-wholly-sustainable-and-does-not-call-for-any-interference-hen/
HOMENEWSINDIATAMIL NADUActivist alleges ‘criminal misappropriation’ of temple funds by T.N. HR&CE Dept, Madras High Court calls for responseLitigant T.R. Ramesh has alleged, based on RTI responses, that HR&CE offices have been set up on temple land; temple funds have been used for construction of offices and purchase of luxury cars; he has asked for an external audit and probe into the issueFebruary 01, 2023 01:38 pm | Updated 01:38 pm IST – CHENNAIMOHAMED IMRANULLAH S.COMMENTSSHAREREAD LATERMadras High Court. FileMadras High Court. FileThe Madras High Court has called for the response of the Hindu Religious and Charitable Endowments (HR&CE) Department to the allegation that it had used temple properties and funds for construction of its offices, purchase of luxury cars and other purposes, in complete violation of the rules and regulations.Justices R. Mahadevan and P.D. Audikesavalu directed temple activist T.R. Ramesh to file an additional affidavit listing out the allegations levelled by him on the basis of information obtained under the Right to Information (RTI) Act of 2005 and directed Special Government Pleader N.R.R. Arun Natarajan to file a reply.Top News TodayTOP NEWSINDIAWORLDSPORTSBUSINESSSCI-TECHENTERTAINMENTLIFE & STYLEINDUSTRYIndia’s manufacturing PMI moderates in January amid slower increase in total salesPTIBUDGETWhy did UN declare 2023 as International Year of Millets?THE HINDU BUREAUUnion Finance Minister Nirmala Sitharaman presents the Union Budget 2023-24 in the Lok Sabha, in New Delhi.BUDGETUnion Budget 2023: Nirmala Sitharaman lists 7 prioritiesNirmala Sitharaman said the seven key priorities of the Union Budget 2023 complement each other and act as the Saptarishi guiding us through Amrit KaalTHE HINDU BUREAUBUDGETBudget 2023 | PAN will be used as common identifier for all digital systems of government agencies: FM SitharamanTHE HINDU BUREAUBUDGETBudget 2023 | Highest-ever capital outlay of ₹2.4 lakh crore for RailwaysTHE HINDU BUREAUBUDGETBudget 2023 | India’s G-20 presidency unique opportunity to strengthen its role in world economic order: FM SitharamanPTIINDUSTRYJet fuel price hiked 4%; petrol, diesel price unchangedPTIBUDGETBudget 2023 | Cities, towns to transition from manhole to machine-hole mode: FM SitharamanTHE HINDU BUREAUSEE MOREReturn to frontpageGoogle PlayApple StoreThe HinduContact usGroup News SitesOther ProductsPopular SectionsTrending on thehindu.comGoogle Doodle celebrates bubble tea with an interactive gameBank employee illegally diverted depositors’ funds into bonds to meet targets, arrestedWarning bells: On the Adani sagaTasks for India’s millet revolutionXiaomi Global VP Manu Kumar Jain calls it quitsTrending on our Group sitesNo worry with just ₹7,000-crore exposure, says PNB chiefAdani Enterprises FPO: Institutional, non-institutional portion almost fully subscribedNo, Nehru did not mishandle KashmirJoshimath is proof why eco-friendly development is the need of the hourTransfer Deadline Day highlights: Chelsea signs Enzo for British record-fee; Sabitzer joins United on loan; Ziyech move to PSG hit by red tapeFacebookTwitterInstagramLinkedinYoutubeSpotifyTelegramTerms of Use Privacy PolicyCopyright© 2023, THG PUBLISHING PVT LTD. or its affiliated companies. All rights reserved.BACK TO TOPBack to Top
HOME
NEWS
INDIA
TAMIL NADU
Activist alleges ‘criminal misappropriation’ of temple funds by T.N. HR&CE Dept, Madras High Court calls for response
Litigant T.R. Ramesh has alleged, based on RTI responses, that HR&CE offices have been set up on temple land; temple funds have been used for construction of offices and purchase of luxury cars; he has asked for an external audit and probe into the issue
February 01, 2023 01:38 pm | Updated 01:38 pm IST – CHENNAI
MOHAMED IMRANULLAH S.
COMMENTSSHAREREAD LATER
Madras High Court. File
Madras High Court. File
The Madras High Court has called for the response of the Hindu Religious and Charitable Endowments (HR&CE) Department to the allegation that it had used temple properties and funds for construction of its offices, purchase of luxury cars and other purposes, in complete violation of the rules and regulations.
Justices R. Mahadevan and P.D. Audikesavalu directed temple activist T.R. Ramesh to file an additional affidavit listing out the allegations levelled by him on the basis of information obtained under the Right to Information (RTI) Act of 2005 and directed Special Government Pleader N.R.R. Arun Natarajan to file a reply.
Top News Today
TOP NEWS
INDIA
WORLD
SPORTS
BUSINESS
SCI-TECH
ENTERTAINMENT
LIFE & STYLE
INDUSTRY
India’s manufacturing PMI moderates in January amid slower increase in total sales
PTI
BUDGET
Why did UN declare 2023 as International Year of Millets?
THE HINDU BUREAU
Union Finance Minister Nirmala Sitharaman presents the Union Budget 2023-24 in the Lok Sabha, in New Delhi.
BUDGET
Union Budget 2023: Nirmala Sitharaman lists 7 priorities
Nirmala Sitharaman said the seven key priorities of the Union Budget 2023 complement each other and act as the Saptarishi guiding us through Amrit Kaal
THE HINDU BUREAU
BUDGET
Budget 2023 | PAN will be used as common identifier for all digital systems of government agencies: FM Sitharaman
THE HINDU BUREAU
BUDGET
Budget 2023 | Highest-ever capital outlay of ₹2.4 lakh crore for Railways
THE HINDU BUREAU
BUDGET
Budget 2023 | India’s G-20 presidency unique opportunity to strengthen its role in world economic order: FM Sitharaman
PTI
INDUSTRY
Jet fuel price hiked 4%; petrol, diesel price unchanged
PTI
BUDGET
Budget 2023 | Cities, towns to transition from manhole to machine-hole mode: FM Sitharaman
THE HINDU BUREAU
SEE MORE
Return to frontpage
Google PlayApple Store
The Hindu
Contact us
Group News Sites
Other Products
Popular Sections
Trending on thehindu.com
Google Doodle celebrates bubble tea with an interactive game
Bank employee illegally diverted depositors’ funds into bonds to meet targets, arrested
Warning bells: On the Adani saga
Tasks for India’s millet revolution
Xiaomi Global VP Manu Kumar Jain calls it quits
Trending on our Group sites
No worry with just ₹7,000-crore exposure, says PNB chief
Adani Enterprises FPO: Institutional, non-institutional portion almost fully subscribed
No, Nehru did not mishandle Kashmir
Joshimath is proof why eco-friendly development is the need of the hour
Transfer Deadline Day highlights: Chelsea signs Enzo for British record-fee; Sabitzer joins United on loan; Ziyech move to PSG hit by red tape
FacebookTwitterInstagramLinkedinYoutubeSpotifyTelegram
Terms of Use Privacy Policy
Copyright© 2023, THG PUBLISHING PVT LTD. or its affiliated companies. All rights reserved.
BACK TO TOPBack to Top
First blog post
This is the post excerpt.
This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN ANDTHE HONOURABLE MR.JUSTICE P.VELMURUGANContempt Petition No.2814 of 2022
Cost 1,00,000 Rs/ THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN ANDTHE HONOURABLE MR.JUSTICE P.VELMURUGANContempt Petition No.2814 of 2022
Reserved on
23.02.2024 Delivered on 18.03.2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Contempt Petition No.2814 of 2022
- The Chief Postmaster General Tamil Nadu Circle, Anna Salai, Chennai 2.
- The Postmaster General Western Region, Coimbatore 641 002.
- The Senior Superintendent of Post Offices,
Coimbatore Division,
Coimbatore 641 001. … Petitioners
Versus - Mrs. M.Leema Rose wife of Mr.Martin
Partner Sakethnath & Company,
No.54, Mettupalayam Road, G.N.Mills Post,
Coimbatire 641 029. - M. Charrles
- M. Daisy
- M.Jose Daisan
- R.Paramasivam
Impleaded as respondents 2 to 5 as per the order of Hon’ble Court ated 28.08.2023 made in Sub Appln. No.600 of 2023 in Cont. P. No.2814 of 2022.
- The Joint Director,
Coimbatore District Town &
Country Planning Office,
Corporation Commercial Complex, Dr.Naanjappa Road, Coimbatore 641 018.
Suo motu impleaded as sixth respondent as per the
order of the Hon’ble Court dated 09.10.2023 made
in Cont. P.No.2814 of 2022. … Respondents
PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for having committed contempt of Court in vide orders dated 10.04.2019 in Review Application No.177 of 2018 in W.A.No.303 of 2013.
For Petitioner : Mr.V.Balasubramanian
For Respondents : Mr.S.Saravanan, for R1
O R D E R
(Order of the Court was delivered by R.SUBRAMANIAN, J.)
Disobedience of the order dated 10.04.2019 made in Review Application No.177 of 2018 in Writ Appeal No.303 of 2013 is complained of in this Contempt Petition. - The facts in this contempt petition reveal the total lack of sense of responsibility in the Officers, who had manned the Postal Department at the relevant point of time. The short facts that are necessary for disposal of this Contempt Petition are as follows:
On 03.02.1982, a notification under Section 4(1) of the Land
Acquisition Act was published for acquisition of land of an extent of about 2 acres in Coimbatore for the purposes of the Postal Department. The land owners challenged the acquisition in WP No.1968 of 1985. For the reasons that no one can justify, at the time of hearing of the Writ Petition, the Postal Department struck a compromise with the land owners upon an undertaking given by them to construct a building of an extent of 4800 sq. feet consisting of two floors and lease it out to the Department for 99 years at a nominal rent of one rupee per month. Upon such assurance, the land acquisition proceedings were withdrawn. The said decision, the least to say, is unwise apart from being highly irresponsible. The subsequent events have demonstrated that the decision to withdraw the acquisition was completely misdirected. - After about 20 years from the date of the original agreement dated 25.10.1989, the land owners filed a Writ Petition in WP No.14690 of 2009 in this Hon’ble Court seeking a direction to the Postal Department to accept an alternative site instead of the original site. In that Writ Petition, a counter affidavit was filed, para 17 of the said counter affidavit in effect accepted the proposed alternative site for construction of a building for the Postal Department and sought for a restraint on the land owners from developing the original site till they complete the construction at the alternative site. Recording the said statement made in paragraph 17 of the counter affidavit and the acceptance of the condition by the petitioners in the Writ Petition/the land owners, this Court directed the respondents therein viz. the Postal Department to furnish the specifications of the building within a period of one month from the date of receipt of the copy
- Since there was no progress, the Postal Department filed the
Contempt Petition No.103 of 2011, even during the pendency of the said
Contempt Petition, another Writ Petition was filed by the original owners in
WP No.11222 of 2011 with a prayer for Mandamus directing the Coimbatore Planning Authority to approve the plans submitted by it for construction of the Post Office. That application came to be disposed of with a direction to the Planning Authority to dispose of the application for planning permission within four weeks time. - An application for Review of the Order made in WP No. 14690 of 2009 was also filed. When these applications came up for hearing, the learned Single Judge recalled the order dated 26.10.2009 made in WP No.14690 of 2009 and dismissed the Writ Petition. Consequent upon dismissal of the Writ Petition, the Contempt Petition was also closed. This resulted in the failure of the proposal for the alternate site. The land owners, however, challenged the order in Review Application No.67 of 2012 in Writ Appeal No.303 of 2013. The said Writ Appeal was dismissed by a Division Bench on 20.02.2018 and the Division Bench had observed that the Postal Department had played into the hands of land owners by agreeing to withdraw the acquisition proceedings. Not content the land owners preferred the Review Petition in Review Application No.177 of 2018 which also came to be dismissed on 10.04.2019.
- This Contempt Petition has been filed by the Postal Department now contending that the land owners have not kept of their promise of constructing a building as per the original agreement. In response to the Contempt Petition, it is now stated that the planning permission sought for has been refused on the ground that the site in question has no access from a public road. The only access that is available is through a common pathway in which the third parties have an interest. The Planning Authorities refused permission on the ground that being a public utility building, the same should have access from a public road and not through a private passage in which the third parties have an interest. The land owners would claim that even though they are prepared to construct as per the original undertaking given in the year 1989, the construction has become almost impossible because of the stand taken by the Planning Authorities.
- The Postal Department would, however, claim that it is ready to accept the building even if it is constructed now. We are unable to accept the said submission. Being a public utility building, as per the Development Control Rules it must have access from a public road, if it has no access from a public road, planning permission cannot be granted. If no planning permission could be granted, the construction cannot comeup. Therefore, the order in the Review Petition No.67 of 2012 has become impossible of being implemented as of today.
- No doubt, the land owners have not kept up their promise, but unfortunately the Postal Department has played into the hands of the land owners by withdrawing an acquisition and blindly accepting their offer for a constructed building in a place to which there is no public access. It is clear to our mind that the agreement entered into between the Postal Department and the land owners on 25.10.1989 is not capable of being performed today. We are therefore convinced that there is no contempt of Court since the land owners had applied for planning permission and they are not able to secure planning permission as of today since there is no public access available to the building.
- We therefore dismissed the Contempt Petition.
- Before parting with this case, we must observe that the Postal Department exhibited complete irresponsibility in entering into an agreement for construction in a place where there is no public access. We find that even the original proposal to acquire is not of land which is situate abutting a public road. The original proposal to acquire itself was of land which is situate behind a commercial complex which has only a private pathway as an access. Fortunately or unfortunately, the said acquisition was dropped and an agreement is entered into for construction of a very small building in the same site.
- It is now found that the site does not have a public access.
Therefore, the very agreement has become incapable of being performed. This shows the carelessness and negligence that is prevalent in persons, who are discharging public duties. If persons who are discharging public functions remained negligent and reclariant like the officials of the Postal Department in the case on hand, even God cannot save this Country. We leave it to the wisdom of the Postal Department to initiate appropriate action against those persons, who are responsible for the failure of the project to provide a Post Office in a City like Coimbatore. - We direct the Postal Department to pay a cost of Rs.1,00,000/- to Cancer Institute, Adayar, Chennai for having wasted the time of this Court in various litigations ever since 1985 till 2023 for nearly 38 years. The cost shall be recovered from the Officers of the Postal Department responsible for the failure of the entire project.
(R.SUBRAMANIAN, J.) (P.VELMURUGAN, J.)
jv 18.03.2024
Index : Yes
Internet : Yes
Speaking order
Neutral Citation: Yes
R.SUBRAMANIAN, J. and P.VELMURUGAN, J.
jv
Pre-delivery order in
Contempt Petition No.2814 of 2022
18.03.2024
Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy left it to the discretion of the forest and HR & CE department officials to take a call on a request to permit more than 100 vehicles into the reserve forest for the Arulmigu Adikarivannarayar temple festival within the Sathyamangalam tiger reserve.
The First Division Bench passed the interim order on a public interest litigation (PIL) argued by Senior Advocate Mr.T.Gowthaman appearing on behalf of the Petitioner, T. Santhosh, against the government officials’ decision to permit only 100 vehicles per day for the festival. The petitioner had contended that the function was an once in a year event having huge religious significance to the members of the Uppuli Naicker community. The devotees could not be expected to walk 20 km into the reserve forest and vehicles being parked in the main road will only create traffic congestion and chaos.
It was argued that thousands of members belonging to the community gather in the temple every year. Therefore, instead of fixing a cap of 100 vehicles per day, the officials could permit 100 vehicles to enter the forest at a time and allow the next batch of vehicles after the return of those vehicles so that no one would have to walk a long distance.
It was contended by the Leaned Senior Counsel that making hundreds of people walk for such a long distance inside the tiger reserve might cause more harm to the ecology than regulating their movement in vehicles. He said that the devotees had been attending the temple festival since pre-Independence days and even before the area was declared a tiger reserve.
After hearing him, the judges pointed out that they had already passed certain interim orders in another PIL petition last month permitting the conduct of the festival inside the reserve forest this year with restrictions.
The First Bech held thereafter, “a balance will have to be struck in maintaining the ecology in the forest and the devotees’ right to attend the festival. Considering all this, we had passed the previous order. It is for the HR&CE and forest departments to consider the viability and feasibility of the present petitioner’s request… It is needless to state that all possible steps for the safety of the devotees should be undertaken,” the Bench wrote. Nothing that they had called for a status report after the conduct of the festival and had ordered the listing of the previous PIL petition on March 15, the Judges directed the Registry to list the present case too on the same day.
Newsj live
https://www.youtube.com/live/n2emfQNrkSo?si=XSK0AiwNpEeUI2QW
முன்னாள் அமைச்சர் மாதவரம் மூர்த்தி
முன்னாள் முதல்வர் ஜெயலலிதாவின் பிறந்தநாளை முன்னிட்டு முன்னாள் அமைச்சர் மாதவரம் மூர்த்தி புழல் நகர்புற சமுதாய நல மருத்துவமனை சுகாதார மையத்தில் நேற்று பிறந்த குழந்தைகளுக்கு ஜெயலலிதா என பெயர் சூட்டி தங்க மோதிரம் அணிவித்து மகிழ்ந்தார்.
Bala Murugan Admk: இன்று தலைமை கழகத்திற்கு வருகை தந்த முன்னாள் முதலமைச்சர் தமிழ்நாடு சட்டமன்ற எதிர்க்கட்சித் தலைவர் அண்ணன் எடப்பாடியார் அவர்களை கழக வழக்கறிஞர் பிரிவு இணைச்செயலாளர் மற்றும் கழக சட்ட ஆலோசனை குழு உறுப்பினர் திரு. E.பாலமுருகன்B.A.B.L அவர்கள்
[24/02, 15:41] Bala Murugan Admk: இன்று தலைமை கழகத்திற்கு வருகை தந்த முன்னாள் முதலமைச்சர் தமிழ்நாடு சட்டமன்ற எதிர்க்கட்சித் தலைவர் அண்ணன் எடப்பாடியார் அவர்களை கழக வழக்கறிஞர் பிரிவு இணைச்செயலாளர் மற்றும் கழக சட்ட ஆலோசனை குழு உறுப்பினர் திரு. E.பாலமுருகன்B.A.B.L அவர்கள் வரவேற்ற தருணம்…..🔥💐🌱 [24/02, 15:48] Bala Murugan Admk: இன்று தலைமை கழகத்திற்கு வருகை தந்த முன்னாள் முதலமைச்சர் தமிழ்நாடு சட்டமன்ற எதிர்க்கட்சித் தலைவர் அண்ணன் எடப்பாடியார் அவர்களை கழக வழக்கறிஞர் பிரிவு இணைச்செயலாளர் மற்றும் கழக சட்ட ஆலோசனை குழு உறுப்பினர் திரு. E.பாலமுருகன்B.A.B.L அவர்கள் வரவேற்ற தருணம்…..🔥💐🌱
Justice Anand Venkatesh of the Madras High Court lost his father this morning[26/01, 18:56] sekarreporter1: .
[25/01, 10:13] sekarreporter1: “that day.
Justice A.D. Jagadish Chandira passed the orders on a contempt of court petition filed by Southern India Cinematographer’s Association general secretary M. Ilavarasu against the Inspector of Soundarapandiyanar Angadi Police Station at T. Nagar in Chennai. The judge ordered that the CDR as well as tower location details must be submitted on”
https://www.thehindu.com/news/national/tamil-nadu/police-accused-of-submitting-fabricated-cctv-footage-in-court-to-prove-presence-in-police-station/article67770077.ece#:~:text=that%20day.,be%20submitted%20on
[25/01, 10:13] sekarreporter1: .
sekarreporter.com 9445430817 