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2019 Supreme(Mad) 133

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
The Commissioner, Corporation of Chennai - Petitioner
Versus
V.Narayanan and Ors - Respondent
C.R.P (NPD) No.3959 of 2013 & M.P.No.1 of 2013
Decided on : 18-01-2019

Advocates:
Advocate Appeared:
For the Petitioner: Dr.C.Ravichandran
For the Respondent: Mr.V.Narayanan, Mr.M.Sri Charan Rangarajan Special Government Pleader (Civil Side)

Headnote:

Constitution of India - Article 227 – Article 226(3) - Evidence Act, 1872 – Section 32 - Section 39 - Contempt of the Courts Act, 1971 - Section 15 - Advocates Act, 1961 - Section 49(1)(C) - Section 1 – Property – Posession Of Property - First respondent claiming to be owner of property being a private latrine adjacent to Street, within Taluk Office filed a suit before XIIth Assistant Judge, City Civil Court, for declaration that he is owner of suit schedule property and also for an injunction restraining defendants in suit from in anyway interfering with possession of suit schedule property by plaintiff - Petitioner in this revision is fourth defendant in suit and respondents 2 to 4 are first, second and third defendants respectively in suit – Held, In suit O.S.No.328 of 2004, no documentary evidence was produced by first respondent/decree holder to prove his ownership of suit schedule property - First respondent who himself is a lawyer has clearly violated rules framed by Bar Council relating to standard of professional conduct and etiquette for lawyers - First respondent has abused process of law and courts by filing an execution petition, despite withdrawal and transfer of suit by orders of first bench of this Court to the file of this Court - Executing Court without application of mind has entertained execution petition and has also recklessly awarded compensation to first respondent/decree holder based on memo filed by first respondent which in considered view of this Court is patently illegal and an erroneous order passed by total non-application of mind is hereby set aside and decree without jurisdiction is declared to be a nullity, in view of bar imposed by Honble First Bench of this Court by its order passed batch for entertaining such suits - Consequently, connected miscellaneous petition is closed - As directed by another learned Single Judge of this Court by her order in Court also directs a copy of this order to be forwarded to Chairman, Bar Council of Tamil Nadu to take appropriate action against first respondent/decree holder who is a practising lawyer and first respondent/decree holder is also directed to pay a cost of Rs.50,000/- to credit of Chief Justices Relief Fund within a period of three weeks from date of receipt of a copy of this Order – Appeal Allowed.

ORDER :

1. The instant case involves an unscrupulous litigant who has shown brazen disdain to the sanctity of orders passed by the Hon'ble First Bench of this Court and has scandalized the Judges of this Court. The litigant who himself is a lawyer has tarnished the image of the noble profession of lawyers by throwing it to the wind. The below mentioned facts undoubtedly proves the misconduct of the first respondent.

Brief facts leading to the filing of the instant revision under Article 227 of the Constitution of India:

2. The first respondent claiming to be the owner of the property being a private latrine situated at No.63, Sir Theyagaraya Road, adjacent to Lakshmikantham Street, within Mambalam-Guindy Taluk Office, VIIIth Zone of Chennai Corporation, Chennai filed a suit O.S.No.328 of 2007 before the XIIth Assistant Judge, City Civil Court, Chennai for declaration that he is the owner of the suit schedule property and also for an injunction restraining the defendants in the suit from in anyway interfering with the possession of the suit schedule property by the plaintiff. The petitioner in this revision is the fourth defendant in the suit and the respondents 2 to 4 are the first, second and third defendants respectively in the suit. In the suit O.S.No.328 of 2004, no documentary evidence was produced by the first respondent/decree holder to prove his ownership of the suit schedule property. The documents filed along with the plaint in O.S.No.328 of 2007 are as follows:

Date

Particulars of Documents

02.02.1945

Attested copy of Receipt executed by Murugesa Naicker in favour of Venkitasamy

10.08.1992

Kuthagai executed by Rajeswari in favour of Venkitasamy

05.01.2005

Undertaking executed by the shop keepers to enhance the daily rent

08.12.2002

Stopping License fee paid by the shop keeper

10.03.2006

Copy of Writ Petition and Affidavit in W.P.No.11629/06

25.06.2006

Copy of representation to the Commissioner, Chennai Corporation

.08.2006

Copy of Complaint to the Police against the 1st defendant

 

Copy of Police Receipt for the Corporation

 

Originals of Power Deeds in all the shop keepers a Book for that

28.09.2006

Requisition to the Tahsildar

3. An ex parte decree dated 23.10.2007 came to be passed in favour of the first respondent/decree holder in O.S.No.328 of 2007. After the decree was passed in O.S.No.328 of 2007, the Hon'ble First Bench of this Court in a batch of writ petitions in W.P.Nos.1049 of 2006, 4578 of 1996, 9954 of 2002 and W.A.Nos.1393 of 2003, 888 of 2000 and 175 of 1994 by order dated 28.11.2007 gave various directions in respect of the hawkers at various places within the city of Chennai and also directed the suit O.S.No.328 of 2007 filed by the first respondent/decree holder before the learned XIIth Assistant Judge, City Civil Court, Madras to be withdrawn and transferred to the file of this Court. The suit schedule property is located in North Usman Road and Thiyagaraya Road area (From Panagal Park to Pondy Bazaar) at Chennai.

4. In the aforesaid order dated 28.11.2007 of the Hon'ble First Bench of this Court, the civil suit O.S.No.328 of 2007 filed by the first respondent/decree holder on the file of the learned XIIth Assistant Judge, City Civil Court, Madras was directed to be withdrawn from the file of the learned XIIth Assistant Judge, City Civil Court, Madras and transferred to the file of this Court and listed for hearing on 10.12.2007 along with W.P. Nos.33485, 32339 and 32490 of 2007. After the suit O.S.No.328 of 2007 was transferred from the file of the learned XIIth Assistant Judge, City Civil Court, Madras to the file of this Court, it was renumbered as Tr.C.S.No.598 of 2008.

5. Despite directions given by the Hon'ble First Bench of this Court on 28.11.2007 that the suit O.S.No.328 of 2007 filed by the first








































































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