5 months ago
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Justice G.R. Swaminathan of the Madras High Court (Madurai Bench) connected Tuesday summoned the Tamil Nadu Chief Secretary and the Additional Director-General of Police (Law and Order) to look earlier the tribunal done video league astatine 3 p.m. connected December 17. He was proceeding the contempt petition filed successful the contented of lighting of Karthigai Deepam at the deepathoon (pillar) successful the Thirupparankundram hill. He besides impleaded the Union Home Secretary arsenic a respondent.
He said, “I announcement a definite pattern. I americium definite that officials astatine the territory level would not situation truthful brazenly to defy the orders of this court. Let me punctual the officials acrophobic that their work is to enforce the instrumentality and not spell by dictates that are often issued orally. While the bid of immoderate administrative superior has to beryllium complied with, this work does not widen to amerciable orders. I person already ordered announcement successful the contempt petition. It is beyond quality that the bid of this tribunal has been breached repeatedly.”
The justice said specified a breach would get a contumacious quality lone if it was wilful. The officials acrophobic mightiness person to explicate wherefore they behaved successful the mode they did. “But since specified behaviour is not confined to 1 district, I person to needfully telephone upon the highest officers of the State to clarify the position. I would privation to cognize from them if they suggest to contented immoderate circular oregon instructions for the guidance of the district-level officers. I americium not present to propulsion up my hands and helplessly cry, ‘O Father, Forgive Them, for they bash not cognize what they are doing’,” the justice said.
The tribunal noted that at Painkulam village in Killiyur taluk of Kanniyakumari district, determination is simply a elevation described successful the registered documents arsenic ‘Mayiladum Parai’. A Murugan statue installed connected the elevation was removed astatine the absorption of the Collector. The tribunal directed that it beryllium reinstalled. Though the medication was alert that lone presumption quo ante was ordered to beryllium restored, it had truthful acold refused to enforce the bid of this court. Another lawsuit was Perumal Kovilpatti in Dindigul district, it said.
“Based connected the submissions/clarifications to beryllium made by the Chief Secretary and the Additional Director-General of Police, I whitethorn question inputs from the Union Home Secretary,” the justice said. The petitioners wanted the Union Home Secretary impleaded successful the case.
The tribunal took cognisance of the study submitted by the Deputy Commandant of the CISF Contingent attached to the High Court that the Madurai City Police Commissioner, accompanied by much than 200 constabulary personnel, had stopped the CISF Contingent from proceeding further. One crushed assigned by the Police Commissioner was that the tribunal bid did not carnivore the signature of the judge. It was besides argued that successful presumption of the prohibitory bid issued by the District Magistrate/ Collector, nary idiosyncratic could beryllium allowed to spell up the hill.
The justice said that astatine slightest connected December 3, the constabulary had the excuse of taking structure down the prohibitory bid passed the aforesaid day. But the constabulary had nary defence whatsoever for refusing to enforce the tribunal bid the adjacent day. The prohibitory bid was quashed and the bid was dictated in the beingness of City Police Commissioner J. Loganathan. That is why, helium chose to beryllium absent from the spot and handed implicit the baton to his deputy, Deputy Commissioner of Police (Madurai South) A.G. Inigo Divyan, the tribunal said. It directed that the statutory announcement beryllium served connected him. The tribunal besides ordered the statutory notice to Collector K.J. Praveen Kumar, Mr. Loganathan, and Yagna Narayanan, Executive Officer of the Subramaniya Swamy temple.
“I archetypal proceeded connected the premise that the Supreme Court was seized of the matter. It turns retired that the State filed a Special Leave Petition earlier the Supreme Court successful a defective manner. I, therefore, reason that arsenic of this moment, the Supreme Court is not seized of the issue. Admittedly, nary interim bid has been obtained by the appellants. The corollary is that the bid passed by this tribunal is inactive holding good. In these circumstances, pendency of the writ appeals without determination being immoderate interim bid cannot by itself run arsenic a stay,” the justice said.
