Madras HC junks directions in suo motu petition on improper procedure

The case was registered by taking cognisance of a letter written by Packiam Sikkandar of Madurai to the single judge seeking action against a registration department official in Thanjavur.
Madras High Court (File photo)
Madras High Court (File photo)

MADURAI: The Madurai Bench of the Madras High Court on Tuesday dismissed a suo motu petition registered by the HC registry on the directions of a single judge on the ground that proper procedure was not followed.

The case was registered by taking cognisance of a letter written by Packiam Sikkandar of Madurai to the single judge seeking action against a registration department official in Thanjavur. The division bench of Justices Paresh Upadhyay and R Vijayakumar held that the single judge ought to have referred the matter to the Chief Justice, the appropriate authority.

"The foundation of this petition is that one Hon’ble Judge of this Court has taken cognizance of a complaint received by him in post from a person who himself is a dismissed employee on proved charges of corruption. The said complaint is ordered to be treated as a suo motu writ petition... It is not in dispute that such a petition needs to be listed before the Division Bench. The petition, however, was listed before the learned single judge," the bench said.

Since the suo motu petition was registered "....without any authorisation from the Hon’ble Chief Justice and in complete defiance of the prescribed procedure, and also listed the said petition for hearing in defiance of the Roster fixed by Hon’ble Chief Justice", the bench dismissed the case and quashed all consequential directions.

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