The Hindu : New Delhi News : Supreme Court to hear Kodanad estate manager’s plea on April 4

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Supreme Court to hear Kodanad estate manager’s plea on April 4

Legal Correspondent

Order on removal of obstructions challenged

New Delhi: The Supreme Court will, on April 4, hear a special leave petition filed by the manager of Kodanad Estate in Kothagiri taluk of the Nilgiris district to quash an order passed by a Division Bench of the Madras High Court, directing posting of the related cases “before the regular court,” though a major portion of the hearing has been completed.

Estate manager R. Ravichandran had challenged an order passed by the Sub-Divisional Magistrate, Coonoor, for removal of obstructions on the road passing through patta lands on the estate. The order stipulated compliance within 24 hours, failing which penalty under the provisions of Indian Penal Code would be imposed.

A three-Judge Bench, comprising Chief Justice K.G. Balakrishnan and Justices Altamas Kabir and R.V. Raveendran, after hearing senior counsel Mukul Rohatgi for the petitioner, posted the SLP for hearing on April 4. Mr. Rohatgi submitted that the Division Bench had directed the matter to be heard afresh by another judge.

The CJI told counsel: “It is the prerogative of the Chief Justice [of the High Court] to post a matter before a particular judge.” Counsel said: “In this case the Chief Justice had passed a judicial order and not an administrative order to post the matter before another judge.”

When counsel prayed for an interim order, the CJI said: “We will not pass any order. Let it come up for hearing on the notified date.”

The SLP said the order under Section 141 (1) (Procedure on order being made absolute and consequences of disobedience) was passed without providing an opportunity to him. With its passing, proceedings initiated under section 133 Cr.P.C. (Conditional order for removal of nuisance) had come to an end. The order was final.

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