MADURAI: The Madurai Bench of Madras High Court has ordered disciplinary action against the then Ramanathapuram collector for inaction in safeguarding government property in a 2001 civil suit which resulted in an ex parte order, and directed the state government to issue a comprehensive Government Order (GO) prescribing guidelines to be followed by law officers and revenue officials in civil suits involving government properties across Tamil Nadu.
Justice N Senthilkumar passed the order while hearing a revision petition filed against an ex-parte order passed by a Subordinate Court in Ramanathapuram in March 2001, in a civil suit against the government over a government natham poramboke land in Ramanathapuram.
Pursuant to the directions of the court on February 16, the government initiated disciplinary action against the tahsildar and government pleader who were responsible for the ex parte decree. But no action was proposed against the district collector concerned, who was also a party to the suit, the judge noted.
Stating that the case clearly demonstrates lack of diligence in safeguarding government property, the judge said, "The government, being the custodian of public land, cannot remain a silent spectator when valuable government property is the subject matter of litigation. Failure of responsible officers to contest such suits seriously affects public interest."
Though the additional advocate general argued that only the tahsildar is the custodian of records authorized to adduce evidence on behalf of the collector and the government, the judge said that does not justify the collector's inaction in remaining ex parte in a case and directed the principal secretary of revenue department to initiate disciplinary proceedings against the then Ramanathapuram collector.
The judge also wanted the government to issue a GO detailing the duties and responsibilities of government pleaders and revenue officials while dealing with civil suits filed against the government, the mandatory steps to be taken by them in case of ex parte orders, disciplinary consequences for dereliction of duty, among others.
The judge further suggested that the government form a legal cell in every taluk to periodically review all civil cases, in which the state is a party and file periodical reports to the additional chief secretary (Revenue) and the Commissioner of Land Administration (CLA) to ensure that appropriate steps are taken in a timely manner. The exercise should be completed within six months, he added.
Also, the judge directed the additional chief secretary to file a status report within four months, indicating the number of cases within the jurisdiction of the Madurai Bench, in which the government has remained ex parte and the steps taken to set aside such ex parte orders. The case was adjourned to March 16.