HC rejects PMK's plea to quash proceedings

The Madras High Court has rejected a plea from Dr. S Ramadoss headed Pattali Makkal Katchi (PMK) to quash the proceedings initiated to recover the loss accrued to the government for not operating its bus services due to the political party's agitations in 2013.

''The writ petitioner has not established lack of jurisdiction or otherwise to entertain the writ petition. Admittedly, the notice of hearing is under challenge. Thus, the petitioner is at liberty to submit their objections, explanations, documents, evidence, etc., to defend their case by availing the opportunities to be provided,'' Justice S M Subramanian said.

The judge was disposing of a writ petition from PMK president G K Mani last week to quash a June 17 2013 notice of the Additional Chief Secretary/Commissioner of Revenue Administration, Revenue Department-Administration Disaster Management and Mitigation department, directing him to appear for an inquiry and file a written statement in respect of the charge being made under the TN Property (Prevention of Damage and Loss) Act, 1992.

The notice claimed compensation from the petitioner for the revenue loss caused due to the non-operation and partial operation of the Metropolitan Transport Corporation (Chennai) buses in Chennai, Kanchipuram, and Tiruvallur districts, during the agitation held by the petitioner party members from April 25, to May 19, 2013.

Rejecting the plea and disposing of the petition, the judge noted that the present writ petition was pending for about six years.

''Thus, further delay would cause prejudice to either of the parties. In these circumstances, the inquiry must be conducted without any further delay,'' the judge said and directed the official concerned to continue the inquiry by following the procedures as contemplated and by allowing the petitioner and complete the same in all respects, take a decision and pass orders on merit and following the law within four months.

The petitioner shall co-operate for the early disposal of the inquiry proceedings by avoiding unnecessary adjournments. Even in case of adjournment on genuine grounds, the competent authority must record the reasons. In the event of non-co-operation on the part of the parties, such non-co-operation is to be recorded in the proceedings itself, the judge said and directed the official to issue a circular to all the district Collectors and DSPs across the State to ensure immediate action in the event of any damage or loss to the property under the Act.

Failure, if any, should be viewed seriously and appropriate actions are to be initiated against the public authorities, who all are responsible and accountable for their lapses, negligence, and dereliction of duties, the judge added.

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