SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Mad) 1953

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
H. Lakshmi - Appellant
Versus
The Commissioner, Corporation of Chennai & Others - Respondent
W.P. No. 6609 of 2017
Decided On : 30-08-2018

Advocates Appeared:
For the Petitioner:K. Kannan, Advocate.
For the Respondents:C. Manishankar, Additional Advocate General-IV Assisted by V.C. Selvasekaran, M/s. C.S. Sindhu, Advocates.

The main legal point established in the judgment is the need for effective implementation of Anti-Corruption Laws to control and minimize corrupt activities in Chennai Corporation.

Headnote:

Corruption - Chennai Corporation - Town and Country Planning Act 1971, Chennai City Municipal Corporation Act 1919 - The court discussed the rampant corruption in Chennai Corporation and issued directions to control and minimize corrupt activities. The court emphasized the need for effective implementation of Anti-Corruption Laws and directed the Commissioner to take various measures including transferring officials, setting up vigilance booths, installing CCTV cameras, and conducting surprise checks and inspections.

Fact of the Case:

The petitioner claimed ownership of a property and filed a writ petition due to the placement of a generator by a hospital on Corporation land, causing nuisance and danger. The Corporation's counter statement revealed unauthorized construction and pending rent control proceedings. The court expressed concern over rampant corruption in Chennai Corporation and the failure to control illegal activities.

Finding of the Court:

The court found that despite comprehensive procedures and regulations, corrupt activities in Chennai Corporation were not minimized. It noted the failure to implement laws effectively and the lack of action against illegalities and corrupt activities. The court expressed disappointment with the functioning of the establishment and the lack of stern action against illegalities and corrupt activities.

Issues: The main issue was the rampant corruption and illegal activities in Chennai Corporation despite comprehensive procedures and regulations.

Ratio Decidendi: The court emphasized the need for effective implementation of Anti-Corruption Laws and issued directions to control and minimize corrupt activities. It highlighted the failure to take stern action against illegalities and corrupt activities and the lack of effective functioning of the establishment.

Final Decision: The writ petition was disposed of, and the court issued directions to the Commissioner of Chennai Corporation to take various measures to control and minimize corrupt activities, including transferring officials, setting up vigilance booths, installing CCTV cameras, and conducting surprise checks and inspections.

JUDGMENT :

1. Mahatma Gandhi said "Earth provides enough to satisfy every man's need, but not every man's greed".

"Any system of Government can fail if people do not show scrupulous honesty and a feeling of brotherhood. Corruption is increasing in our country. Is everyone then going to think only of himself and not all of India?. Corruption has now becomes worst than before. Restraint from it has practically gone. Corruption will go when the large number of persons given unworthily to it, realise that, the Nation does not exist for them to exploit, but that they exist to serve the Nation. This requires morals and extreme vigilance on the part of those, who are free of taint. Indifference will be criminal."

2. This Court utilise this opportunity through the present writ petition, at least to bring certain realities of the consequences of corruption and attempting to made a little effort to provide some suggestions for the purpose of minimising the corruption, which may not be possible to eradicate the corruption.

3. The loss occurred to this world on account of the illegal acts of the criminals, are lesser than that of the losses happened on account of the inactions of the persons, who have knowledge about the laws, culture and the values of life.

4. Undoubtedly, the corruption is a common phenomenon in our Great Nation. However, in certain areas and in certain Departments and in some States, across the country, it is being controlled to some extent and in certain State Organisations, it is continued beyond repair. This Court is of an opinion that Chennai Corporation is one such Organisation, where the corruption is rampant and prevailing in all stages and in all transactions except few. Corruption becomes a Rule now. The Corrupt persons made it as a Rule. Bribes are not given to circumvent the Law or to relax the Law. Bribes are given even to uphold the Law. Bribes are offered to get the rights of the citizen. Such is the worst form, where every citizen of this Great Nation, should realise that situation is in an extreme form of greediness and, inactiveness both amongst the common man as well as the Executives concerned made it worse.

5. This Court is prompted to go into the issue in view of the fact that there are no effective guidelines or effective mechanism to control and minimise the corrupt activities in Chennai Corporation. Men are coming functioning as Executives and going. The IAS level Commissioners are also functioning with an idea to pass on their tenure in Chennai Corporation in a routine manner. Such IAS Officers are pretty sure that they will be transferred and therefore, they are not concentrating much on this area. Contrarily, they are keen in passing on their tenure, so as to get rid from these evils. Even the honest Officers are also inactive in respect of initiating drastic measures to minimise the corrupt activities in Chennai Corporation. This Court wishes to remind to those Officers that they are also violating their pledge and oath taken at the time of joining the prestigious Indian Administrative Service. These IAS Officers are not subordinates and they have got bounden duty towards the Constitution of India. The independency of the Executives are also ensured under the Constitution of India. They are not functioning under the Political Higher-Ups. They are functioning independently and they are bound to act in accord with the Constitution of India. Thus, the IAS Officials, who are heading such Institutions and the Governmental Organisations, are bound to remain themselves that they are independent and their actions must be only in accord with the Constitution of India and they must be courageous in bringing down all such evil consequences of corrupt activities prevailing in public organisations.

6. Humpty number of phenomenal judgments delivered by the Courts across the country for number of years highli











































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top