V.M. Jose vs. The Secretary To Government And Others
(Madras High Court, Tamilnadu)

Case Law
Petitioner / Applicant
V.M. Jose
Respondent
The Secretary To Government And Others
Court
Madras High Court
State
Tamilnadu
Date
Apr 29, 2022
Order No.
W.P(MD)No. 8884 of 2022 and W.M.P(MD) No. 6444 of 2022
TR Citation
2022 (4) TR 5747
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

This petition is styled as public interest litigation. The averments in the petition read as under:-

“1.I submit that I am the Petitioner herein and as such I am well acquainted with the facts of the case. I have not filed any writ petition for the same and similar relief arising out of the present writ. Further I submit that the present writ petition is filed only in the interest of the public at large and there is no personal interest in the present Public Interest Litigation and the same is filed out of my own fund, I am not income tax assessee. I submit that I give an undertaking to pay the cost if this Hon’ble Court finds that the Petition is intended for personal gain or oblique motive. My Aadhar Card Number is 4507 8401 9354 and Pan Card Number is AIB PJ 3442 N.

2. I submit that I am rendering service to the Society by organizing Blood Donation camps and other Medical Camps in various District of Tamil Nadu and I my self had donated blood for more than 150 times. I have also held posts of the Vice Chairman of Red Cross Society and President of Rotary Club – Madurai Meenakshi and now concentrating in propagating the importance of Blood Donation, Eye Donation and Body Donation.

3. Last week, I happened to book rooms for organizing a social event at Mahabalipuram, Chennai in Taj fisherman’s cove with an intention to bring in delegates from medical profession for conducting a seminar on organ donation and donation of Eyes and body after death and noticed that on 26.04.2022, rooms and hall had been booked for a two days event in the name of SANKALP – ANNUAL CONFERENCE OF CUSTOMS AND GST conducted by the department of revenue, central board of indirect taxes and customs and the same had been postponed to 5th may and 6th may 2002.

4. Having developed curiosity over the event I sought for details from the officials concerned and received an itinerary and it is quite evident from the itinerary that a huge sum of money in crores is being paid to the private hotel out of the exchequer in conducting this event which is a part of the revenue collected from the citizens of India.

5. It is quiet disturbing to how such conferences and meetings are allowed to be conducted in a private institution and star hotels who charge heavily and the Government officials who are supposed to accelerate and increase the revenue collection and help the nation building without considering about the expenditure had to choose the venue in a private premises especially a 7 star rated hotel by paying huge rent when there are government buildings and premises specially constructed and ready to hold such conferences and meetings like the Vigyan Bhavan in Delhi, Rail bhavan and other Trade Center buildings in every state so that the rent is paid directly to the government so that the money collected from the public will be stopped from being channelized to a private organization.

6.Further it is learnt that most of the officials are arriving from Delhi and the necessity to conduct a conference in Chennai would only end up in liquidation of public fund.

7. From the itinerary it is clear the tariff for a one day stay at the Taj fisherman’s cove for the delegates had been fixed as Rs.10,500 plus taxes, whereas the normal tariff is around Rs. 20,000/-, which is a clear indicator that there has been a concession given to the event from the private hotel, which is against the coding of the Prevention of Corruption Act, and is likely an offence under the provisions of the Prevention of Corruption Act, as it amounts to illegal gratification received from Government servants.

8. Having known about all these details I immediately made representation the respondents 1 and 2 through mail and had requested for changing the venue as the date of the event postponed from 26.04.2022 to 05.05.2022 and 06.05.2022, and the said date is very short and there may not be any action taken over my representation by the officials within the short time and I do not have any other alternate and adequate remedy other than to approach this Hon’ble Court under Article 226 of the Constitution of India. Further it is being informed to the officials participating in the conference, over phone and messages that the event had been postponed to 05.05.2022, I am not in possession of the itinerary of the conference for the date 05.05.2022 neither I have the original itinerary for the date 26.04.2022.

Therefore it is prayed that this Hon’ble Court may be pleased to pass an order of injunction restraining the 3rd respondent from conducting the SANKALP – Annual Conference of Customs and GST, at Taj Fisherman’s Cove, Mahabalipuram, Tamil Nadu on 5th and 6th of May, 2022, pending disposal of the main writ petition.”

3. Learned advocate for the petitioner has taken this Court extensively through each averment in the petition and representation at page 17. Photographs are also annexed at Page Nos. 18 to 21 which are claimed to be downloaded from the website projecting it to be of Vigyan Bhawan at New Delhi to contend how better it would be, if such conference is held at Vigyan Bhawan, where there will be hardly any cost since it is Government property.

4. Grievance is also made that, if ultimately the conference of the officers of the Central Government is to be held, why should it be held in the State of Tamil Nadu, since it would incur huge expenses. On being asked about the ill-perceived corruption element as contained in para : 7 of the petition, learned advocate for the petitioner has not been able to reconcile, how giving concession by a hotel to Government would result in corruption.

5. On over all consideration we find that, this petition, even remotely can not be said to be in public interest. On the contrary, it is against the interest of the citizen of our State, which has ultimately brought only disrepute to us, by such petition and further it may be perceived as an adversity on the Central / State relationship as well. For all these reasons we find that, such attempts need to be nipped in the bud. This petition therefore needs to be dismissed and further that the said dismissal has to be with costs, with due intimation to the concerned respondent.

6. For the above reasons, the following order is passed.

6.1 This writ petition is dismissed, with cost.

6.2 Cost of Rs.50,000/- (Rupees Fifty Thousand Only) imposed on the petitioner. The said amount is directed to be paid by the petitioner to the first respondent through Demand Draft. It shall be sent along with apology letter by the petitioner. The same shall be done within four weeks and compliance thereof shall be reported to this Court.

6.3 List on 13.06.2022 under the caption ‘for reporting compliance’.

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