T CHITRA DIRECTOR BHARANI BEACH RESORTS PVT LTD Vs. SECRETARY OF THE MINISTRY OF HOME AFFAIRS UNION OF INDIA

JUDGEMENT

(1.) Challenging the Commissions of Inquiry (Tamil Nadu) Rules, 1972 and various Government Orders amending the original G.O. Ms. No. 742 Public (Law & Order-F) Dept. dated 27.7.2006 and thereby extending the time for completion of Inquiry by Justice Thiru K.P. Sivasubramaniam Commission of Inquiry as unconstitutional and ultra vires, Petitioner has filed this Writ Petition.

(2.) Justice Thiru K.P. Sivasubramaniam Commission of Inquiry was appointed to inquire into the causes and circumstances resulting in the alleged fraudulent grabbing of land assigned to Adi- Dravidars and landless poor. It has also been ordered that the Commission will complete its Inquiry and submit its report to the Government within a period of two months. Under various Government Orders, notifications were ordered to be published amending the time granted for filing of report by the Commission.

(3.) Earlier, petitioner has filed W.P. No. 9160 of 2007 challenging G.O. Ms. No. 742 Public (Law & Order-F) Dept. dated 27.7.2006 on the ground that only the State or Central Government can appoint the Commission and not the Department or Secretary to the Government. W.P. No. 9160 of 2007 was dismissed on 12.12.2007 which is challenged in S.L.P. (Civil) No. 2222 of 2008 before the Supreme Court. On Petition filed by Chief Secretary, Government of Tamil Nadu, Supreme Court has ordered that "The Commission appointed in this regard would be at liberty to file the report before the Government."