The Madras High Court bench here on Thursday ordered notice to the Registrar (Judicial) of the Madras High Court bench and the Deputy Superintendent of Police, vigilance and anti-corruption, Kanyakumari, on a petition filed by former Dravida Munnetra Kazhagam (DMK) minister N. Suresh Rajan challenging a notice issued by the registrar to the Chief Judicial Magistrate (CJM), Nagercoil, relating to a disproportionate assets case.
Mr. Rajan claimed in his petition that the registrar had issued a notice on July 23, 2013 directing the CJM to summon the petitioner and his father to the court on a disproportionate assets case pending against the petitioner and his family members.
According to Mr. Rajan, the vigilance and anti-corruption sleuths had filed an interim petition at the Principal District and Sessions Court in 2012 seeking the attachment of the petitioner’s properties pending the disposal of the disproportionate assets case in the CJM court. The Principal District Judge had passed an order on July 13, 2012 ordering the attachment of the petitioner’s properties, he added.
Mr. Rajan had filed a petition at the High Court bench challenging the principal district judge’s order, he claimed. The petitioner’s case was disposed by a single judge, who in his order issued on July 10, 2013, directed the principal district judge to consider the petitioner’s plea to release his properties from the custody of the anti-corruption sleuths, Mr. Rajan added.
Citing the notice of the registrar, the CJM had summoned the petitioner and his father, a paralytic patient, to the court, he claimed.
The single judge had not issued a direction to the registrar to instruct the CJM to summon the petitioner and his family members to the court, he claimed.
The petitioner’s case was against the interim petition of the police officials, but the registrar had issued the notice without providing any opportunity to him, Mr. Rajan contended. The registrar had no jurisdiction to issue a direction to the CJM to summon the petitioner and his family, he added.
The notice was in violation of natural justice, he claimed and pleaded for a direction to quash the notice issued by the registrar. A division bench comprising Justices M. Jaichandren and M. Venugopal ordered the notice and adjourned the case to October 10.