The Secretary of State for India in Council vs Muthu Allagappa Chettiar Trustee of Sri Navaneetha Swami Temple

Devadoss, J.—This is an application by the Government Pleader for revising the order of the District Munsif of Tiruvahir ordering inspection

of certain documents in the possession of the Collector of Tanjore. The main point urged before me by Mr. Venkataramana Rao is that these

documents are confidential communications and, therefore, the respondent is not entitled to look into them. This objection was not raised in the

lower Court and the order made by the District Munsif, which is objected to, cannot be said to have been made without jurisdiction and I,

therefore, decline to interfere with it. But in dismissing this petition, I might observe that I strongly depreciate the conducting of correspondence by

the Collector and the District Judge in their official capacity with reference to the production of these documents. It is to be regretted that acting

upon a letter of the District Collector of Tanjore, the District Judge passed proceedings which are printed at page 17. The District Judge is entitled

to give general directions to the District Munsifs and Subordinate Judges, but it is not proper for the District Judge to pass any proceedings with

reference to pending matters which might fetter the judicial discretion of any of his subordinate officers. The District Munsif will not permit a roving

commission into the registers mentioned in the plaintiff''s application but will restrict the inspection to only such of the documents as the plaintiff

names and which might refer to his case or help him in his case. No party is entitled to have a roving commission into papers belonging to the other

side whether the other side is the Government or a private party.

Mr. Venkata Ramana Rao is afraid that this order might prevent him from raising the question of privilege before the District Munsifs Court. I

see no reason why if properly advised the Government Pleader in the lower Court could not raise this objection. With these remarks I dismiss the

civil revision petition.