Direct Govt Officers, Pleaders To Conduct Land Cases Properly; Initiate Action Against Them In Case Of Ex-Parte Decrees: Madras HC To State

The bench of Justice SM Subramaniam and Justice C Kumarappan added that in case of any ex-parte decree being passed by the courts, any improper conduct by the Government Pleader or official concerned must be identified and the competent authority must initiate appropriate action.

“In the event of any exparte decrees by the courts or on identification of improper conduct of cases both by the Officials concerned and the Government Pleaders, the competent Authorities must ascertain the facts and initiate all appropriate actions against the Government Officials concerned and the Government Pleaders for their lapses, negligence, dereliction of duty, offences and misconducts committed and prosecute them under the relevant laws,” the court said.

The bench noted that the High Court was frequently witnessing ex-parte orders against Government that would raise doubts as to whether the Government Pleaders were representing the Government cases properly in the District Judiciary. The court added that non-conducting of cases properly was a serious misconduct and an offence.

“It is the joint responsibility of the Officials of the Government and the Government Pleaders, who all are conducting cases on behalf of the Government in such land matters in District Courts and higher Judiciary. Any lapses, negligences and dereliction of duty on the part of the Government Pleaders in defending the Government cases are to be viewed seriously and appropriate actions are to be initiated not only to safeguard the public property and also to initiate appropriate action against those Officials and the Government Pleaders, who have committed such lapses, dereliction, negligence, misconduct and offences,” the court said.

The court was hearing a petition filed by Subbiah seeking directions to the Bar Council of Tamil Nadu and Puducherry to expeditiously complete the enquiry against a Government Advocate based on his complaint. Subbiah had argued that the Government Advocate had colluded with private respondents, who were trying to encroach into a Government Puramboke land.

During the course of the matter, the petitioner side contended that large-scale allegations were raised against Government Pleaders in the District Judiciary. He argued that public lands were being encroached on to a large extent and dealt with illegally for unjust personal gains.

He further contended that in many District Courts, there were allegations against Government Pleaders not defending cases properly and allowing courts to pass ex-parte decrees and Authorities not initiating any appropriate action to safeguard the Government properties.

The court agreed with the petitioner and remarked that the allegations raised by him are to be looked into. Thus, the court issued directions accordingly.

Counsel for the Petitioner: Mr.M.Purushothaman

Counsel for the Respondent: Mr.C.K.Chandrasekar, Mr.T.Chandrasekaran Special Government Pleader, Mr.S.Thirumavalavanan, Mr.N.Manokaran

Citation: 2024 LiveLaw (Mad) 275

Case Title: SV Subbiah v Bar Council of Tamil Nadu & Puducherry and Others

Case No: W.P.No.2816 of 2020