The Hindu : Tamil Nadu News : Bench raps Municipal Commissioner

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Friday, Aug 11, 2006

Tamil Nadu

Tamil Nadu

Bench raps Municipal Commissioner

Staff Reporter

Directs him to pay Rs.10,000

MADURAI: The Madurai Bench of the Madras High Court has condemned the Bodinayakanur Municipal Commissioner in Theni district for abusing his official authority to abet two landlords evict their tenant, besides filing a false counter affidavit and fabricating the records to justify his "colourable exercise of power."

While the Commissioner was directed to pay Rs.10,000 as costs to the Chief Justice Relief Fund, the landlords were ordered to pay Rs.10,000 to the tenant within two weeks.

Allowing a writ petition moved by the tenant, Justice K. Mohan Ram said: "The first respondent (Commissioner), being a public authority vested with responsible duties and functions, has abused the powers by colluding with the second respondent (landlords), which is deprecated and condemned. He also has the audacity to fabricate the records and submit the same before this court... "

The petitioner, B.K.S. Mahendran, claimed that there was a dispute between him and his landlord and he had obtained a favourable order from the District Munsif Court under the Tamil Nadu Buildings (Lease and Control) Act, 1960. Subsequently, the landlords colluded with the Municipal Commissioner, who issued an order to demolish the building claiming it to be in a dilapidated condition and posing a threat to visitors to a temple nearby.

Petitioner's counsel, M. Ajmal Khan, contended that the demolition order had been issued with a mala fide intention without any spot inspection by competent authorities. The Commissioner, in his counter affidavit, claimed that the order was passed pursuant to a complaint given by a forum of temple devotees named `Thirukovil Baktharkal Peravai,' and after personal inspection of the premises along with the Municipal Engineer.

To verify the veracity of the claim, the Judge called for the records from the Municipality. On perusing the documents, the Judge found out that the letter, claimed to have been written by the `Peravai,' referred only to some services rendered by them during the `tsunami' and did not mention any complaint with regard to the rented building.

The date in the letter had also been corrected to suit the averments made in the counter affidavit. Hence, the Judge said, "This court fails to understand as to why the notings have been made, when the letter has nothing to do with the building in question... All the above said facts unmistakably lead to the irresistible conclusion that the first respondent has filed a counter affidavit containing false averments to mislead the court."

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