Madras High Court
S. Muthukumar vs The Principal Secretary To Government ... on 18 September, 2017
Author: R. Mahadevan
Bench: R. Mahadevan
WP (MD) No. 4189 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 22.11.2022
Delivered on : 12.12.2022
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD
Writ Petition (MD) No. 4189 of 2016
---
S. Muthukumar
Advocate
Son of K. Sankaran
Law Chamber 95
District Court Campus
Madurai - 625 020 .. Petitioner
Versus
1. The Principal Secretary to Government of Tamil Nadu
Home Department
Secretariat
Chennai - 600 009
2. The Principal Secretary to Government of Tamil Nadu
Finance Department
Secretariat
Chennai - 600 009
3. The Registrar General
High Court of Madras
Chennai - 600 104
4. The Registrar (Administration)
Madurai Bench of Madras High Court
Madurai - 625 023
5. The Principal District Judge
District Court Campus
https://www.mhc.tn.gov.in/judis
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WP (MD) No. 4189 of 2016
Madurai - 625 020
6. The Commissioner of Police
Madurai City
Madurai - 625 001
7. The Inspector of Police (Law and Order)
Anna Nagar Police Station
Madurai - 625 020
8. The Inspector of Police (Crime)
Anna Nagar Police Station
Madurai - 625 020
9. The Executive Engineer
Building Maintenance
Madurai
10.The Executive Engineer
WRO, Madurai
(RR9 and 10 are suo motu impleaded
as per order dated 18.09.2017 in
WP (MD) No. 4189 of 2016)
11. Madurai District Bar Association
rep. by its Secretary
District Court Campus
Madurai - 625 020
12. Lawyers' Association of Madurai District Court
rep. by its Secretary
District Court Campus
Madurai - 625 020
(RR11 and 12 are suo motu impleaded
as per order dated 22.01.2018 in
WP (MD) No. 4189 of 2016
13. The Commissioner
Madurai Corporation
Arignar Anna Maaligai
Madurai - 625 020
https://www.mhc.tn.gov.in/judis
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WP (MD) No. 4189 of 2016
(RR13 is impleaded as per order
dated 03.12.2018 in WMP No.21629
of 2018 in WP (MD) No. 4189 of 2016) .. Respondents
Petition filed under Article 226 of The Constitution of India praying to
issue a Writ of Mandamus directing the respondents 1 and 2 to accord sanction
for the plan and estimate submitted by the fifth respondent vide D.No.5239
dated 26.03.2015 to the third respondent for providing safety and security to
Madurai District Court Campus within a time frame as fixed by this Court and
direct the sixth respondent to provide adequate Armed Police Protection to the
District Court Campus, Madurai equipped with metal detectors, luggage
scanner and closed circuit television and allow the litigants, visitors after
thorough check up till the first and second respondents accord sanction for the
plan and estimate submitted by the fifth respondent.
For Petitioner : Mr. S. Baskar Mathuram
For Respondents : Mr. S.P. Maharajan
Special Government Pleader for RR1, 2, 6 to 9
Mr. G. Thalaimutharasu for RR3 to 5
No appearance for R10
Mr. K. Sivabalan for R11
Mr. M. Mahaboob Athiff
for M/s. Ajmal Associates for R12
Mr. R. Murali for R13
ORDER
R. MAHADEVAN, J.
We have heard the learned counsel appearing for all the parties and also https://www.mhc.tn.gov.in/judis 3/23 WP (MD) No. 4189 of 2016 perused the materials available on record.
2. The petitioner, who is a practising advocate in the District Court, Madurai, has filed this writ petition, in the nature of public interest litigation, to issue a writ of mandamus,
(i)directing the respondents 1 and 2 to accord sanction for the plan and estimate submitted by the fifth respondent vide D.No.5239 dated 26.03.2015 to the third respondent for providing safety and security to Madurai District Court Campus within a time frame that may be fixed by this Court, and
(ii)directing the sixth respondent to provide adequate Armed Police Protection to the District Court Campus, Madurai equipped with metal detectors, luggage scanner and closed circuit television and allow the litigants and visitors after thorough check up till the first and second respondents accord sanction for the plan and estimate submitted by the fifth respondent.
3. It is the case of the petitioner that earlier, he filed WP(MD) No. 10387 of 2011 seeking a direction to the respondents therein to take steps for safety measures and install metal detectors and closed circuit televisions at vital points within the District Court complex. By order dated 13.09.2011, this Court disposed of the same, by directing the fifth respondent herein to convene a meeting with all the Advocates Associations, Police Officials and Revenue https://www.mhc.tn.gov.in/judis 4/23 WP (MD) No. 4189 of 2016 Department and frame a scheme for providing safety measures in the District Court campus, Madurai. Pursuant to the said direction, the fifth respondent convened a meeting on 07.03.2015 and submitted a plan and estimate to the third respondent herein vide D.No.5239 dated 26.03.2015. Thereafter, nothing progressed. Therefore, the petitioner is before this court with the present writ petition.
4. The learned counsel for the petitioner further submitted that the District Court complex witnesses huge crowd inasmuch as it houses various subordinate Courts as well as the Court of the Principal District Judge, Madurai. It also witnesses several commotion and law and order problems when the accused from the jails are produced before the court concerned. Moreover, several parked vehicles within the court complex have been stolen and the theft cases increase in number. The court complex is thronged by strangers and unknown public in the guise of litigants, which pose a serious security threat to its peaceful and conducive atmosphere. The learned counsel also cited the bomb blast incident happened in the Delhi High Court during September 2011 in which more than 13 persons were killed. That apart, he referred to the attack on Kanhaiya Kumar and others inside the Patiala Court House at New Delhi during February 2016 and submitted that before such untoward incident occurs within the District Court complex, Madurai, the https://www.mhc.tn.gov.in/judis 5/23 WP (MD) No. 4189 of 2016 respondents have to take swift action to bring the entire corridor within the security net. The learned counsel also invited the attention of this Court to the calls received by the police personnel that bombs have been planted within the Court complex and the intensive search made by them to conclude that it was only a hoax. It is the grievance of the learned counsel that as per the order of this court dated 13.09.2011 in WP(MD)No.10387 of 2011, the fifth respondent submitted a plan and estimate to the third respondent, but, no concrete steps have been taken till date. Though the petitioner submitted a representation dated 23.02.2016 stating that the present security apparatus provided to the District Court Complex, Madurai is inadequate and improper, and requested the authorities concerned to take necessary action, the same has not been considered so far. Hence, the learned counsel prayed for appropriate direction to the respondents 1 and 2 in this regard.
5. In this public interest litigation, various adjudications have taken place and necessary parties viz., respondents 9 to 13 have been suo motu impleaded, for the purpose of settling the issue involved herein. The respondent authorities have also filed their respective reports in compliance with the interim orders passed by this court from time to time. However, instead of making this order prolix by reproducing all those orders and reports, https://www.mhc.tn.gov.in/judis 6/23 WP (MD) No. 4189 of 2016 suffice to extract/advert to only those portions of the various orders of this court and the reports of the authorities, which are germane for deciding this writ petition.
6. On 08.09.2017, when the matter was taken up, this court directed the respondents 3 and 5 to submit their status report with respect to the demand raised by the petitioner. Accordingly, the Principal District Judge, Madurai / fifth respondent herein, filed a status report on 15.09.2017 stating inter alia that the installation of Closed Circuit Television Camera works have commenced on 14.09.2017. Further, in order to avoid any untoward incident within the combined court building, Madurai during night hours, a circular dated 13.09.2017 has been issued to the effect that the combined Court building campus at Madurai will be declared as 'No parking' area for all vehicles from 8.00 pm to 8.30 am and all are prohibited from parking any vehicle within the campus during the said period. As per the Circular, the gates of all the combined court buildings are ordered to be locked by 8.00 pm and the keys will be handed over to the camp office of the Principal District Judge, Madurai. The report also proceeds to state that by a communication dated 13.09.2017, the Commissioner of Police, Madurai City has been requested to deploy sufficient police personnel to the combined court building, Madurai for security purposes between 8.00 pm and 8.30 am on the next day. That apart, https://www.mhc.tn.gov.in/judis 7/23 WP (MD) No. 4189 of 2016 the Night Watchman deployed in the combined court complex have been instructed to remain in duty by 5.30 pm daily and not to leave the court complex till 8.30 am on the next day. As per the request made to the Commissioner of Police, a Sub-Inspector of Police from the Intelligence wing of Madurai city and a Sub-Inspector of Police from the Special Branch of Madurai Rural are present during the office hours daily and they are watching the campus for safety purpose. In addition, a Sub Inspector of Police with 3 police personnel are posted in the main gate of the combined court building, Madurai for bandobust duty from 9.00 am to 7.00 pm regularly. Thus, according to the fifth respondent, they made all attempts to strengthen the security at District Court Campus, Madurai.
7. On behalf of the third respondent, the fourth respondent / Registrar (Administration) filed a status report on 15.09.2017, as to the installation of CCTV camaras, etc. The report further proceeds to state that by communication in R.O.C. No.1043/2009/D8, dated 17.07.2017, the Electronics Corporation of Tamil Nadu (ELCOT), Chennai, was requested to commence and execute the work of supply and installation of CCTV Cameras in the Courts in the State of Tamil Nadu, as expeditiously as possible according to the survey report forwarded by the Registry. It is also stated therein that the https://www.mhc.tn.gov.in/judis 8/23 WP (MD) No. 4189 of 2016 Registrar of this Court vide communication dated 19.07.2017 in R.O.C. No. 1043/2009/D8, addressed the Additional Director General of Police, Technical Services, Kamarajar Salai, Chennai, for purchase and installation of security gadgets in all the Courts in the State.
8. However, considering the status reports filed by the respondents 3&4 and 5, which disclosed nothing about the security audit taken by the police and taking note of the grievance expressed by the petitioner's counsel relating to stagnation of water inside the campus, due to closure of the channel by the private developers, this court by order dated 18.09.2017, issued the following directions:
(i)the Commissioner of Police, Madurai City shall conduct a security audit of the District Court and submit a report before this court. The report should indicate the present security arrangements and his suggestions/ recommendations for better security inside the court campus,
(ii)the Executive Engineer, Building Maintenance, Madurai shall take immediate action for removal of stagnation of water inside the court campus, and
(iii)the Executive Engineer, WRO, Madurai shall inspect the District Court premises and see as to whether on account of any act of encroachment, water is stagnated inside the campus and in case, it is found that the water is stagnated on account of the closure of the channel, necessary action should be https://www.mhc.tn.gov.in/judis 9/23 WP (MD) No. 4189 of 2016 taken against the encroachers for removal of encroachment after issuing notice to them.
9. Accordingly, the respondents 6, 9 and 10 filed their reports, which were considered and placed on record; and a further direction was issued to the ninth respondent to submit the revised plan and estimate along with original estimate report, to the third respondent, on or before 11.12.2017 in a complete and comprehensive fashion, by order dated 16.11.2017, the relevant paragraphs of which are quoted below for ready reference:
“.....
3. Today, the ninth respondent / Executive Engineer, PWD, Buildings (Construction and Maintenance) Division, Madurai-2, had submitted a report, wherein at paragraph Nos.2 and 3, it is mentioned as under:
“2. I submit that the Madurai Combined District Court Campus is situated in Town Survey No.816/1-16 with area of 16.96 acres. During raining run-off water from Race course area, outpost area and in and around District Court campus are collected inside the court campus since the court campus is in the lower level about 1.5 m than the surrounding road levels.
3. It is submitted that the stagnated water logging area may be reduced considerably by construction of retaining wall 15m away from compound wall as shown in site plan and upstream side of wall may be filled by gravel. The estimate has been prepared and submitted for the construction of retaining wall along compound wall and gravel filling in water logging are for an amount of Rs. 2.64 crores.
4. Also, the tenth Respondent / Executive Engineer, WRO, PWD, Periyar Vaigai Basin Division, Madurai, had submitted a report, whereby and whereunder, it is mentioned as under:
“It is submitted that Madurai District Court campus is situated in Town survey No.816/1 (old no.429) of Sengulam tank foreshore area. All the tank area has been handed over to various department for Government purpose. Now, no area inside the court campus is maintained by the Public Works https://www.mhc.tn.gov.in/judis 10/23 WP (MD) No. 4189 of 2016 Department/Water Resources Department. There is one outlet and outlet channel is located at eastern side of court campus. This is only channel maintained by this respondent.
It is humbly submitted that the block in the outlet has been already removed and excess water except dead storage has been drained out from the Sengulam tank. The pumping water from the court campus has started by the Executive Engineer, PWD, Buildings Construction and Maintenance Division, Madurai. Now, the pumping process is in progress.
Further, I submit that the encroachment and block in the Sengulam tank outlet channel has been completely removed on 11.11.2017 and arrangements made for removal of water from Sengulam Tank (court campus) to Vandiyur Tank. Now, pumping water has drained out from the Sengulam tank to Vandiyur tank.
Hence this respondent is taking necessary action for removal of stagnation water”.
5. It comes to be known that the ninth respondent / Executive Engineer, PWD, Buildings (construction and Maintenance) Division, Madurai-2 on 26.10.2017 had addressed a communication to the learned Government Pleader, Madurai Bench of Madras High court, Madurai, whereby and whereunder, it is mentioned as follows:
“The Madurai combined District court campus is situated in Town Survey No.816/1-16 with area of 16.96 acres. During raining season, run off water from Race course area, outpost area and in and around District court are collected inside the court campus through water inlet in west and north side of the compound wall. The outlet pipe is available at the east side and the excess water only drained out. Leaving dead storage.
The water collected is stagnated inside the court campus since the level of outlet pipe is 1m above bed area. So, the construction of retaining wall along with compound wall to clear the rain water coming inside District Court campus and the water will be drained through the existing outlet pipe. The water logging low lying area inside the campus have to be filled by gravel. The estimate has been prepared for the construction of retaining wall and gravel filling in low lying water logging area for an amount of Rs.1.96 crores.
Hence, the water logging inside the court campus will be rectified after getting the estimate amount sanctioned from the Government through District Court, Madurai”.
6. The tenth respondent / Executive Engineer, WRO, PWD, Periyar Vaigai Basin Division, Madurai, had addressed a letter on 28.10.2017 to the learned Government Pleader, Madurai Bench of Madras High court, Madurai, wherein, it is stated as under:
“Madurai District Court Campus is situated in Town https://www.mhc.tn.gov.in/judis survey no.816/1 (Old no.429) of Sengulam tank foreshore area.11/23 WP (MD) No. 4189 of 2016
The total area of the tank is 11.56 acres and all the tank area has been handed over to various department for Government purpose. Now, no area have been maintained by the Public Works Department/ Water Resource Department. But anyhow Madurai Bench of Madras High court WP(MD)No.4189 of 2016 dated 27.09.217, the following action have been taken out for to drain the rain water from the court campus.
The Sengulam tank receives rainwater from the race course area, outpost area besides its court campus area. The collected rainwater enters into the tank through inlet, which is situated at western side of court campus. Already one outlet has been constructed to drain the excess rainwater from the court campus area, which is situated at eastern side. The excess water could not be drained through the outlet due to block in the outlet pipe. Now, the block have been removed and the excess rainwater also drained out.
The sill level of outlet is 1.00m above the tank bed level. Hence the 1.00m depth of dead storage only stored in the court campus area. Further, if court campus receives excess rainwater over 1.00m depth will be automatically drained out through outlet.
7. It comes to be known that based on the order dated 18.09.2017 in WP(MD)No.4189 of 2016 the sixth respondent / Commissioner of Police, Madurai City, had submitted a report dated Nil, which runs as under:
“3. I kindly submit the following report as directed by the Hon'ble Madurai Bench of Madras High Court in WP(MD)No. 4189 of 2016 on 18.09.2017 filed by S.Muthukumar, Advocate:
I along with Deputy Commissioner of Police, Law and Order and Assistant Commissioner of Police, Anna Nagar (L&O) Range, Madurai City, carried out a security review at the Madurai District Court complex on 26.10.2017.
Findings of the Security Review Madurai District Court complex is located on Melur Main Road in E3 Anna Nagar PS limits in the land allotted in Survey No.816/1, Sengulam Kanmai area, North Madurai Village, South Union, Madurai in 17.31 acre of land since 02.02.1968. In the court complex, the following establishments are functioning:
i. Madurai District Integrated Court Halls complex ii. Alternative Dispute Redressal Centre (ADC) iii. District Legal Authority.
iv. State Consumer Dispute Redressal Centre v. Two parking slots vi. Law chamber vii. Motor and Sump Room viii. Two Buildings having a Bank, Post Office, office of the Madurai Advocate Clerks Association and a Xerox shop https://www.mhc.tn.gov.in/judis ix. Car Sheds (14) 12/23 WP (MD) No. 4189 of 2016 Entire District Court complex is surrounded by a 5 feet height compound wall except in the North Eastern side, which is guarded by iron fence. Two main entrances are located i.e one at the Southern side and another at Western side. These two entrances are used by Hon'ble Judges and Judicial Magistrates, advocates, prisoners, police personnel, the general public to enter the court.
Main building consists of three floors including the ground floor. These floors are provided with main entrances with portico on the South and West side and another entrance at the north side.
Totally 42 courts (civil courts-10, criminal courts-32) are functioning in the main building. Around 60 to 80 prisoners are being escorted and produced in the courts during working days. Around 200 four wheelers and 1000 two wheeler vehicles enter the court complex during the working days.
A building is being constructed to accommodate the prisoners to wait till they are produced for court hearings, which is in final stage of construction.
In order to help the physically challenged persons, necessary ramps and lifts are provided in the building.
Present Security arrangements a. One Sub-Inspector of Police from E3 Anna Nagar PS and a Quick Research Team (QRT) consisting 5 AR PCs from Armed Reserve are being posted for security for the court complex. They are on duty from 08.00 hrs to 20.00 hrs. They monitor the movement of general public, prisoners, who enter through the South and Western entrances besides carrying out patrol inside the Court complex.
b. Further, as instructed by the Hon'ble District and Sessions Judge, Madurai, one Sub-Inspector of Police from Intelligence Section, Madurai City and one Sub Inspector of Police from District Special Branch, Madurai are being posted. They are attending to monitoring movement of strangers, prisoners and communicate the actionable intelligence to the superior officers to ensure proper security arrangements inside the court complex.
c. After 20.00 hrs, daily, all the staff and officials leave the court complex, the courts halls are being locked and being guarded by the security personnel.
d. In all 42 Courts, court police personnel are present during the court working days. After court hours, the complex is guarded by the security personnel.
e. 214 CCTV Cameras and 4 TV Monitors are being installed in the District court complex by ELCOT. CCTV cameras are being installed in all the floors of the court complex and the https://www.mhc.tn.gov.in/judis court halls.13/23 WP (MD) No. 4189 of 2016
Problems reported in court complex There are no major problems reported inside the court complex, barring wordy quarrels between the general public, who visit Family Courts to redress their grievances. Further, missing of few two wheelers inside the court complex was reported which were attended and necessary action was initiated immediately.
E3 Anna Nagar PS is located 500 metres from the District Court Complex. Whenever any problem arise necessary police protection is provided, then and there and issues are being sorted out peacefully.
Security Review recommendations The present security arrangements provided at the District court complex is found sufficient. The following security aspects may be considered and augmented;
1. The height of the compound wall of the court complex may be increased from the present 5 feet around the court complex.
2. Construction of new sheds for parking two wheelers and four wheelers may be considered. Installation of CCTV cameras in the parking lots will improve the security.
3. Constructing a compound wall in the North-eastern side of the complex, which at present is unguarded may be considered.
4. Frisking of the public using DFMD and HHMD, entering main court complex will be initiated once the gadgets, which are under procurement are handed over to police.
At the present security arrangements, provided are found sufficient. Further necessary security arrangements can be made in consultation with Hon'ble District and Sessions Judge, the Judicial Magistrates, Bar Association office bearers to balance the requirements of proper security arrangements and convenience of general public.”
8. Today, Mr.M.Govindan, Learned Special Government Pleader appearing for the Respondents brings it to the notice of this court that a revised District Combined Court Campus site plan dated 10.11.2017 was prepared by the ninth respondent / Executive Engineer, PWD, Buildings (Construction and Maintenance) Division, Madurai-2, for an estimate of Rs. 2.64 crores and the name of work is mentioned as under:
“Providing retaining wall and Gravel filling in water logging area in combined District Court at Madurai in Madurai District”.
In respect of the estimate of Rs.2.64 crores, a report was also prepared by the ninth respondent.
9. In view of the foregoing, this Court deems it fit and proper to direct the https://www.mhc.tn.gov.in/judis ninth respondent/Executive Engineer, PWD, Buildings (Construction and 14/23 WP (MD) No. 4189 of 2016 Maintenance) Division, Madurai-2 to submit the revised plan and estimate report dated 10.11.2017 (together with the original Estimate Report dated 26.10.2017 for Rs.1.96 crores to the third respondent/Registrar General, High Court of Madras, Chennai on or before 11.12.2017 in a complete and comprehensive fashion. Soon after the receipt of the two estimate reports, the third respondent/Registrar General, High Court of Madras, Chennai shall place the same before the Hon'ble Building Committee, High Court, Madras for perusal and necessary approval. Thereafter, after obtaining approval of the Hon'ble Buildings committee, High Court, Madras, the third respondent/Registrar General, High Court of Madras, Chennai shall forward the said two estimate reports to the Secretary, Public Works Department, Chennai for taking further action, as deemed fit in the subject matter in issue.
.....”
10. It could be seen from the reports filed by the respondents concerned that as per the aforesaid order dated 16.11.2017, the ninth respondent submitted an estimate to the tune of Rs.2.64 crores (together with the original estimate report dated 26.10.2017 for a sum of Rs.1.96 crores) for the construction of retaining wall and gravel filling in water logging area in the Combined District Court, Madurai to the third respondent / Registrar General, High Court of Madras, Chennai, on 11.12.2017 in a complete shape. Upon receipt of the same, the Registrar (Management) of this court has addressed a letter dated 30.01.2018 to the Secretaries to Government, Finance Department as well as Home, Prohibition and Excise Department, Secretariat, Chennai, praying for approval and sanction of the estimate to the tune of Rs. 2.64 crores for the year 2017-18 "for providing retaining wall and gravel filling in water logging area including the additional provision of construction of RCC, protection wall and skin wall in front of the existing compound wall https://www.mhc.tn.gov.in/judis 15/23 WP (MD) No. 4189 of 2016 and adding more gravel filling quantity in water logging area upto the existing court building in the Combined District Court at Madurai". Thereafter, the Government by G.O.(Ms).No.698 Home (Cts-III) Department, dated 11.07.2018, accorded sanction for a sum of Rs.2,64,00,000/- in respect of the works mentioned in the plan and estimate submitted by the third respondent.
11. While so, pursuant to the order of this court dated 22.01.2018, the ninth respondent filed a status report dated 20.02.2018, stating that there is no sewage water / unclean water stagnant in the pond inside the District Court Campus and hence, pumping of sewage water is not required and the pond bed area is now, fully dried. It is also stated therein that the water logging inside the court campus during rainy season will be rectified, after getting the estimate sanctioned from the Government.
12. The tenth respondent also filed a report on 03.12.2018, stating inter alia that as directed by this court, the Executive Engineer, Periyar Vaigai Irrigation Division, Construction and Maintenance, Madurai visited the place and thereafter, removed the encroachments put up in the channel with the help of JCB and cleared the stagnated waters. Thus, according to that respondent, the water course is now in clean and it has been maintained by the Madurai Corporation.
https://www.mhc.tn.gov.in/judis 16/23 WP (MD) No. 4189 of 2016
13. That apart, the sixth respondent / Commissioner of Police, Madurai City, Madurai, after conducting review about the present security arrangements provided at the Combined District Court complex, on 28.12.2018, submitted a report dated Nil (signed on 09.01.2019), in which it is inter alia stated as follows:
II. Present Security arrangements a. One Sub-Inspector of Police from E3 Anna Nagar PS and a Quick Research Team (QRT) consisting 1 SI and 4 PCs from Armed Reserve, Madurai City are being posted for security for the court complex. They are on duty from 08.00 hrs to 20.00 hrs. They monitor the movement of general public, prisoners, who enter through the South and Western entrances besides carrying out patrol inside the Court complex. b. Further, as instructed by the Hon'ble District and Sessions Judge, Madurai, one Sub-Inspector of Police from Intelligence Section, Madurai City and one Sub Inspector of Police from District Special Branch, Madurai are being posted. They are attending to monitoring movement of strangers, prisoners and communicate the actionable intelligence to the superior officers to ensure proper security arrangements inside the court complex. c. After 20.00 hrs, daily, all the staff and officials leave the court complex, the courts halls are being locked and being guarded by the security personnel.
d. 214 CCTV Cameras and 4 TV Monitors are installed in the District court complex by ELCOT. CCTV cameras are installed in all the floors of the court complex and the court halls to monitor the movement of public, accused escorted to courts, their relatives and other visitors.
III. Problems reported in court complex There are no major problems reported inside the court complex, barring wordy quarrels between the general public, who visit Family Courts to redress their grievances. Further, missing of few two wheelers inside the court complex was reported which were attended and necessary action was initiated immediately.
IV. Security Review recommendations The present security arrangements provided at the District Court Complex is found sufficient. The following security aspects may be considered to augment the present security arrangements at the District Court complex:-
➢ Around 1500 two wheelers and 300 four wheelers are entering the District Court complex, during working days. These two wheelers are https://www.mhc.tn.gov.in/judis being parked at the vacant places inside the complex, without any 17/23 WP (MD) No. 4189 of 2016 regulations. Number of two wheelers is parked adjacent to the court halls exposing the security of courts. To address this issue, construction of new sheds for parking two wheelers well away from court hall may be considered. Installation of CCTV cameras in the parking lots will improve the security ➢ The height of the compound wall of the court complex may be increased from the present 5 feet around the court complex with anti- scaling measures ➢ In the entrance, one CCTV is installed to cover the entire stretch, which is found inadequate. One more CCTV may be installed to cover the area.
➢ Constructing a compound wall in the North-eastern side of the complex, which at present is unguarded, may be considered.
V. It is kindly submitted that the E3 Anna Nagar PS is located 500 meters from the District Court complex. Whenever any problem arises in the court complex, necessary police protection is provided, then and there and issues are being sorted out peacefully.
VI. It is respectfully submitted that the present security arrangements provided at the District Court Complex, Melur Road, Madurai are found sufficient. Further, necessary security arrangements will be made in consultation with the Honourable District and Sessions Judge, the Judicial Magistrates, Bar Association Office bearers to balance the requirements of proper security arrangements and convenience of general public."
14. That apart, pursuant to the order of this court dated 09.01.2019, the fifth respondent filed a report dated 23.01.2019 to the Registrar (Judicial) of this Court, wherein it is stated as follows:
"As per the orders of the Honourable Madurai Bench of Madras High Court, Madurai dated 16.11.2017 passed in WP (MD) No. 4189 of 2016, the Government have sanctioned a sum of Rs.2,64,00,000/- (Rupees Two Crore Sixty Five Lakhs Only) for providing retaining wall and gravel filling in water logging area including the additional provision of construction of RCC protection wall and skin wall in front of the existing https://www.mhc.tn.gov.in/judis compound wall and adding more gravel filling quantity in water logging 18/23 WP (MD) No. 4189 of 2016 area upto the existing Court building in the Combined District Court at Madurai in Madurai District in G.O. Ms. No.698, Home (Cts-III) Department dated 11.07.2018 (High Court's Roc.No.5283-C-2018/Da/MB, dated 28.07.2018).
I further submit that the above said works were commenced by the PWD authorities, Madurai, which includes the construction of compound wall in the north-eastern side mentioned by the Commissioner of Police, Madurai City in his report. Further, a separate entrance will also be made for the use of advocates in the southern side, near the bus stop.
I submit that the PWD authorities were given instructions to construct separate parking area for four wheelers and two wheelers entering in to the court complex during the working hours with CCTV cameras. The present security arrangements mentioned in the report of the Commissioner of Police, Madurai City is enough to the combined court building, Madurai.
I further submit that the PWD authorities were instructed to increase the height of the existing compound wall of the court complex with anti- scaling measures.
I further submit that the PWD authorities were instructed to make a separate entrance for the general public to enter into the court complex, so that, they may be thoroughly checked with metal detector and their belongings would be scanned with luggage scanner provided by the police department."
15. Thus, it is evident from the aforesaid reports filed by the respondent authorities, more particularly, respondents 5 and 6 that the present security arrangements provided at the District Court Complex, Madurai, are found sufficient; and the sixth respondent also gave an undertaking that necessary security arrangements will be made in consultation with the District and Sessions Judge, the Judicial Magistrates, Bar Association office bearers to balance the requirements of proper security arrangements and convenience of general public. Further, vide G.O. (Ms). No. 698, Home (Courts-III) Department dated 11.07.2018, the Government accorded sanction for a sum of Rs.2,64,00,000/- for "providing retaining wall and gravel filling in water https://www.mhc.tn.gov.in/judis 19/23 WP (MD) No. 4189 of 2016 logging area including additional provision for construction of RCC protection wall and skin wall in front of the existing compound wall and adding more gravel filling quantity in water logging area upto the existing court building in the combined District Court at Madurai". Pursuant to the same, works were commenced by the PWD authorities, Madurai and the same were almost completed. As pointed out in the earlier paragraphs, the encroachments were already removed and the water course has been in the maintenance of the Madurai Corporation; and that, there is no sewage water / unclean water stagnant in the pond inside the District Court campus.
16. Such being the present scenario, we are of the view that the reliefs sought for by the petitioner have been adequately addressed and hence, no further order needs to be passed herein, except directing the respondent concerned to take into account the security review recommendations made by the sixth respondent in his report dated 09.01.2019, while rectifying the defects for water logging area. It is also open to the petitioner to approach the authorities concerned, in the event of any lapse being committed.
17. Accordingly, this writ petition stands disposed of. No costs.
(R.M.D., J.) (J.S.N.P., J.) https://www.mhc.tn.gov.in/judis 20/23 WP (MD) No. 4189 of 2016 12.12.2022 rsh Index : Yes / No Internet : Yes / No To
1. The Principal Secretary to Government of Tamil Nadu Home Department Secretariat Chennai - 600 009
2. The Principal Secretary to Government of Tamil Nadu Finance Department Secretariat Chennai - 600 009
3. The Registrar General High Court of Madras Chennai - 600 104
4. The Registrar (Administration) Madurai Bench of Madras High Court Madurai - 625 023
5. The Principal District Judge District Court Campus Madurai - 625 020
6. The Commissioner of Police Madurai City Madurai - 625 001
7. The Inspector of Police (Law and Order) Anna Nagar Police Station Madurai - 625 020 https://www.mhc.tn.gov.in/judis 21/23 WP (MD) No. 4189 of 2016
8. The Inspector of Police (Crime) Anna Nagar Police Station Madurai - 625 020
9. The Executive Engineer Building Maintenance, Madurai
10.The Executive Engineer WRO, Madurai
11. Madurai District Bar Association rep. by its Secretary District Court Campus Madurai - 625 020
12. The Secretary, Lawyers' Association of Madurai District Court District Court Campus Madurai - 625 020
13. The Commissioner Madurai Corporation Arignar Anna Maaligai Madurai - 625 020 https://www.mhc.tn.gov.in/judis 22/23 WP (MD) No. 4189 of 2016 R.MAHADEVAN, J.
and J. SATHYA NARAYANA PRASAD, J.
rsh Pre-delivered order in WP (MD) No. 4189 of 2016 12.12.2022 https://www.mhc.tn.gov.in/judis 23/23