High Court of Judicature at Madras
S. NAGAMUTHU, J.
T. Ekambaram
Versus
Bhavani Sagari
C.R.P.(PD).No. 1273 of 2013 & M.P.No. 1 of 2013
Decided on : 10-04-2013
Constitution of India, List III, Entry 11-A – Parliament has made no law in regards to jurisdiction of Madras High Court. In such scenario, Madras High Court Act, 1972 and Madras High Court Extension Act, 1985 made by state will decide jurisdiction of Madras High Court.
Jurisprudence – Decision taken that if defendant resides within city limits then Chennai civil court will have jurisdiction is per incusion. Several such suits were decided by city civil court Chennai by relying on Pappammal case. City civil court should decide future way of action for such pending suits.
1. What is the territorial jurisdiction of the Chennai City Civil Court ? What are the local limits of the ordinary original civil jurisdiction of the High Court ? Whether the local limits of the ordinary original civil jurisdiction of the High Court coincides with the limits of the Chennai City Municipal Corporation ? These are the questions which have arisen for examination in this civil revision petition.
2. The petitioner is the defendant in O.S.No.7289 of 2011 on the file of the learned XVI Assistant Judge, City Civil Court, Chennai. The respondent has filed the said suit seeking a decree for permanent injunction to restrain the defendant from in any manner interfering with his alleged peaceful possession and enjoyment of the suit property. The suit property has been described as follows:-
“All that piece and parcel of the house and land bearing Old no.54A, New No.42
(Previously Old No.56, New No.63), 4th Street, Sri Padmavathy Nagar Extension, Vinayagapuram, Kolathur, (previously Kathirvedu village), Chennai – 99, comprised in Survey No.51/3B as found in “Sri Padmavathi Nagar Extension” (four boundaries given in the plaint are omitted as unnecessary).”
3 . According to the plaint, the suit property lies within the territorial jurisdiction of the City Civil Court, Chennai. On appearance before the lower Court, the defendant filed an interlocutory application in I.A.No.2601 of 2012 seeking to reject the plaint as neither the suit property falls within the territorial jurisdiction of the City Civil Court, Chennai nor had there been any cause of action, either in full or in part, occurred within the territorial jurisdiction of the City Civil Court, Chennai. According to the defendant, the suit property lies in Kathirvedu revenue village and the said revenue village falls within the territorial jurisdiction of the District Munsif Court, Tiruvottiyur. Alternatively it was also contended before the lower Court that presently, the suit property falls within the revenue village of Kolathur and Kolathur village falls within the territorial jurisdiction of the Chennai City Civil Court.
4. The trial Court went into the above question of jurisdiction and finally dismissed the interlocutory application holding that the suit property falls within the territorial jurisdiction of the City Civil Court, Chennai. Challenging the said order, the petitioner is before this Court with this revision petition.
5. I have heard the learned counsel on either side and the Amici Curiae and perused the records carefully.
6. There are certain title deeds filed along with the plaint and all the said deeds would go to show that the suit property forms part of Kathirvedu Village. The respondent has got no material to place before the Court that Kathirvedu Village was segmented and a part of the same including the suit property was brought within the revenue village of Kolathur. Indisputably, the revenue village Kolathur falls within the jurisdiction of the Chennai City Civil Court. The learned counsel appearing for the respondent is not in a position to place any such material to substantiate the averment in the plaint that the suit property falls within the Kolathur revenue village. Therefore, on facts, I have to necessarily hold that the suit property forms part of the Kathirvedu revenue village falling within Ambattur Taluk and thus Kathirvedu village in turn is only within the territorial jurisdiction of the District Munsif Court at Tiruvottiyur.
7. But, strangely, an argument had been advanced before the lower Court by the learned counsel appearing for the respondent herein that as per the Tamil Nadu Government Order in G.O.Ms.No.97, Municipal Administration and Water Supply (Election), dated 19.07.2011, the entire Kathirvedu village has been brought within the Chennai Corporation limits and thus Kathirvedu village, was, though originally within the territorial jurisdiction of the District Munsif Court, Tiruvottiyur, on account of the
Southern Petrochemical Industries Corporation Ltd.
A.Velliangiri (deceased) and three others Vs. M/s.Ram Bahadur Takur (P) Ltd.
Jamshed N. Guzdar Vs. State of Maharashtra reported in (2005) 2 SCC 591
Thamiraparani Invetments Pvt. Ltd.
Timothy Bowen Vs. Clenergen Corporation reported in 2011 (6) CTC 835
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