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2012 Supreme(Mad) 3346
High Court of Judicature at Madras
G. RAJASURIA
Poochangu Nadar (died) & Others
Versus
K. Marimuthu
C.R.P. (NPD) SR. NO. 61212 OF 2012 & M.P. SR NOS. 61214, 61215 & 62937 OF 2012
Decided on : 31-07-2012
For the Petitioners:S. Jayaseelan, Advocate.
For the Respondent: --.
The main legal point established in the judgment is that the opportunity of filing statutory CRP within the stipulated time cannot be bypassed by invoking Article 227 of the Constitution of India.
Headnote:
Article 227 - Tamil Nadu Buildings (Lease and Rent Control) Act - The court held that the revision under Article 227 of the Constitution of India would not lie as the opportunity of filing statutory CRP within the stipulated time was lost, and the petitioner cannot bypass the said provision by invoking Article 227. The principle of 'Quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud' (When anything is prohibited, everything by which it is reached is prohibited also) was invoked to support the decision.
Fact of the Case:
The revision petitioners argued that the revision under Article 227 of the Constitution of India should be allowed as the regular CRP under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act could not be filed inadvertently.
Finding of the Court:
The court highlighted that only statutory CRP is contemplated against the judgment and decree passed in RCA, and the revision petitioner cannot bypass this provision by invoking Article 227. Consequently, the civil revision petition and connected miscellaneous petitions were dismissed at the SR stage.
Issues: The main issue was whether the revision under Article 227 of the Constitution of India was maintainable due to the failure to file statutory CRP within the stipulated time.
Ratio Decidendi: The court applied the principle of 'Quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud' and held that the revision under Article 227 was not maintainable due to the lost opportunity of filing statutory CRP within the stipulated time.
Final Decision: The civil revision petition filed under Article 227 of the Constitution of India was deemed not maintainable and was dismissed at the SR stage, along with the connected miscellaneous petitions.
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.
