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Injunction Suit & Commission Appointment - The Madras High Court has addressed issues related to the appointment of commissions for surveys or inquiries, emphasizing that such appointments should be made by appropriate authorities and in accordance with constitutional provisions. The Court has highlighted that the authority tasked with conducting surveys must have the discretion to adopt suitable methods, provided the entire population is covered, and that the Court should not interfere unless procedural irregularities are evident Ashoka Kumar Thakur VS Union of India & Others - Supreme Court.
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Judicial Perspective on Appointment of Commissions - The Court underscored the importance of timely and proper appointment of commissions, noting that if the Union of India fails to set a time limit for such appointments, the Court may step in to ensure the process is completed within a reasonable timeframe. The Court also emphasized that the authority appointed has the flexibility to choose procedures as long as the entire scope is covered, and no objections can be raised against the method adopted as long as it is convenient and comprehensive Ashoka Kumar Thakur VS Union of India & Others - Supreme Court.
Analysis and Conclusion:
The Madras High Court generally advocates for the proper and timely appointment of commissions by authorized bodies, respecting their discretion in choosing methods, to ensure comprehensive surveys or inquiries. The Court is cautious about unnecessary interference but retains the authority to intervene if statutory timelines are not met or procedural irregularities occur, thereby maintaining a balance between judicial oversight and administrative independence.
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