'Govt pleaders should obtain written instructions'

A division bench comprising Justice M Venugopal and Justice S Vaidyanathan, said, "This contempt petition has risen on account of an incorrect statement made by Special Government Pleader A N Thambidurai before this court on March 1.”

“Before making a statement before courts, government pleaders and government advocates representing the government must ensure the receipt of written instructions from the department officials through email, so that the government pleaders and government advocates are not taken to task by courts for paradoxical statement made by them and they should not put the law courts in either a quandary or piquant situation," the bench added

The order relates to a contempt application moved by P Loganathan of Athanur Village, Namakkal, seeking to act against the district authorities for making a false statement regarding the encroachments in the court. Even the proceedings of the District Collector M Asya Mariam, permitting the encroachment despite a specific direction by the high court had led to her being summoned.

However, the bench on taking note of the collector's unconditional apology and withdrawal of her controversial order, closed the contempt petitions. It said, "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 district collector before passing an order in the appeal and no purpose would be served in keeping the contempt petition pending."

But noting that the Namakkal District Collector had already expressed her predetermined mind on the issue for allowing encroachers of a land to stay, the bench directed the Chief Secretary to nominate a District Collector either from Salem, Coimbatore or Erode to take up the appeal filed by the parties to secure the ends of the 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," the bench noted.