P. Loganathan v. M. Asia Mariam, I. A. S. , The District Collector
2019-03-04
M.VENUGOPAL, S.VAIDYANATHAN
body2019
DigiLaw.ai
JUDGMENT : S. VAIDYANATHAN, J. 1. This contempt petition has been filed for punishing the respondents for making false statements before this Hon'ble Court on 01.03.2018 in W.P.No.2956 of 2018. 2. Heard the learned Senior Counsel for the petitioner and the learned Government Advocate appearing for the respondents. 3. When the matter is taken up for hearing, it is represented by the learned Government Advocate appearing for the respondents that pursuant to the order of this Court dated 27.02.2019, the 1st Respondent/District Collector (by name Mrs. M. Asia Mariam, I.A.S.), Namakkal District has withdrawn her controversial order dated 21.02.2019 by way of issuing another proceedings dated 01.03.2019. In the said proceedings dated 01.03.2019, the 1st Respondent/District Collector, Namakkal District has stated that the encroachers of land and the complainant would be afforded an opportunity of hearing before passing further orders, as the Appeal is pending before the District Collector. In addition to the above, the 1st Respondent/District Collector, Namakkal District has also filed a counter affidavit, inter alia tendering her unconditional apology for her mistake, which, according to her, had happened due to communication gap. 4. In view of the above submission and taking note of her unconditional apology, this Court is of the earnest opinion that the grievance of the petitioner is redressed, as he would be given an opportunity of hearing by the 1st Respondent/District Collector before passing an order in the appeal and no purpose would be served in keeping this petition pending. Hence, this Contempt Petition is closed. 5. Since the 1st Respondent/District Collector, namely, Mrs. M. Asia Mariam, I.A.S., had already expressed her predetermined mind in the matter, the Chief Secretary to the Government, State of Tamil Nadu is directed to nominate one of the District Collectors of Salem, Coimbatore and Erode in order to take up the Appeal filed by the parties (to secure the ends of justice). The District Collector to be nominated by the Chief Secretary, in turn is directed to issue notice to all parties, including the petitioner herein, peruse both oral and documentary evidence adduced by the parties and pass suitable orders thereon, after providing an opportunity of hearing to all. 6.
The District Collector to be nominated by the Chief Secretary, in turn is directed to issue notice to all parties, including the petitioner herein, peruse both oral and documentary evidence adduced by the parties and pass suitable orders thereon, after providing an opportunity of hearing to all. 6. It is brought to this Court's notice the Writ Petition filed by the very same petitioner in W.P.No.8930 of 2018 with the same relief sought in W.P.No.2956 of 2018, which was disposed of by a Hon'ble Division Bench of this Court on 12.04.2018 with a direction to the 5th respondent/The Tahsildar therein to file a status report. This Court makes it very clear that it is not expressing any opinion on the orders passed in W.P.No.8930 of 2018, as it is represented by the Learned Government Advocate that a petition has been filed, seeking extension of time for filing the Status Report. 7. This Contempt Petition has arisen on account of an incorrect statement made by A.N.Thambidurai, Learned Special Government Pleader, before this Court on 01.03.2018. Before making a statement before Courts, Government Pleader, Special Government Pleaders, Additional Government Pleaders, Government Advocates, etc., representing the Government must ensure the receipt of written instructions from the Department Officials in-person or through email, so that Government Pleader, Special Government Pleaders, Additional Government Pleaders, Government Advocates, etc., will not be taken to task by Courts for the paradoxical statement made by them and they should not put the Law Courts in a quandary/piquant situation.