COMMISSIONER OF POLICE, COIMBATORE Vs. SHANMUGAM

JUDGEMENT

(1.) Heard MR.Ravichandran, learned Additional Government Pleader for appellants and Mr.SV.Srinivasan, learned counsel for respondent.

(2.) This writ appeal is filed against the initiation of suo-motu proceedings by the learned Single Judge in W.P.No.23309 of 2010, wherein, the learned Single Judge has initiated suo-motu proceedings on the basis of the instruction given by the 1st appellant to the learned Government Pleader, who appeared before the learned Single Judge viz., Mr.L.S.M.Hasan Fizal, who was directed by the Court to get the particulars about the shorter route which is available, in order to examine the issue in question. The Commissioner of Police, instead of furnishing the information sought for by this Court, blindly stated that such information cannot be sought for by the Court. Such attitude of the 1st appellant was taken serious note of by the learned Single Judge, which culminated in initiation of suo-motu proceedings. If the 1st appellant has got any grievance about the initiation of suo-motu proceedings, the remedy open to him is to go before the learned Single Judge and explain as to how the information sought for cannot be furnished. The initiation of suo-motu proceedings is not an order or relating to the merits of the dispute.

(3.) The Hon'ble Supreme Court, in the decision MIDNAPORE PEOPLES COOP.BANK LTD., VS. CHUNILL NANDA, 2006 5 SCC 399in paragraph No.12 held thus:-