SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Mad) 3346

G.RAJASURIA
Poochangu Nadar (died) – Appellant
Versus
K. Marimuthu – Respondent


Advocates appeared:
For the Petitioners:S. Jayaseelan, Advocate.
For the Respondent: --.

Judgment :-

1. At the hearing, the learned counsel for the revision petitioners would submit that this revision under Article 227 of the Constitution of India would lie in view of the fact that unwittingly, the regular CRP under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act could not be filed.

2. I would like to highlight the trite proposition that as against the judgment and decree passed in RCA, only statutory CRP is contemplated. Having lost the opportunity of filing statutory CRP within the stipulated time, the revision petitioner cannot try to by-pass the said provision by invoking Article 227 of the Constitution of India.

3. I would like to re-collect and call-up the maxim – Quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud- When anything is prohibited, everything by which it is reached is prohibited also. That which cannot be done directly shall not be done indirectly.

4. Accordingly, this civil revision petition filed under Article 227 of the Constitution of India is not maintainable and it is dismissed at the SR stage itself. Consequently, the connected miscellaneous petitions are also dismissed in the SR stage itself.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top