CRP(MD).No.2217 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 19.07.2023

PRONOUNCED ON : 27.07.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.R.P(NPD).(MD).No.2217 of 2017

and CMP(MD).No.10857 of 2017

1.The Executive Engineer

Tamil Nadu Housing Board

Kajamalai

Tiruchirappalli

2.The Assistant Engineer

Tamil Nadu Housing Board

Gandhigramam

Pasupathipalayam Post

Karur Taluk

... Petitioners

vs.

Saroja (Died)

N.Gopalakrishnan

...Respondent

PRAYER:- Civil Revision Petition filed under Article 227 of

Constitution of India, to set aside the fair and decreetal order dated

28.02.2017 passed in E.P.No.106 of 2011 in O.S.No.138 of 2001 on the

file of the Principal District Munsif Court, Karur.

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CRP(MD).No.2217 of 2017

For Petitioners

: Mr.M.P.Senthil

For Respondent

: Mr.V.Balaji

O R D E R

The present revision petition has been filed challenging the order

passed by the Executing Court directing arrest of the judgement debtors

on the ground of violation of permanent injunction decree.

Factual Background:

2.The respondent herein had filed O.S.No.138 of 2001 on the file

of the District Munsif Court, Karur as against the Executive Engineer

and the Assistant Engineer of Tamil Nadu Housing Board for the relief of

permanent injunction as against them that they should not disturb the

possession of the plaintiffs. The defendants namely the officials of the

Housing Board were set exparte and an exparte decree came to be passed

on 28.06.2002.

3.The defendants therein had filed I.A.No.187 of 2004 to condone

the delay of 615 days in filing an application to set aside the exparte

decree. The said application was dismissed on 13.02.2006. Challenging

the same, the defendants are said to have filed a revision before the High

Court which has not been numbered.

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CRP(MD).No.2217 of 2017

4.The plaintiff/decree holder had filed E.P.No.106 of 2011 for

executing the said decree under Order 21 Rule 32 of C.P.C as against the

defendant officials on the ground that they have disturbed the possession

of the plaintiff.

5.A counter was filed by the defendants contending that the said

decree has been passed only as against two individuals who were holding

the post of Executive Engineer and Assistant Engineer at the relevant

point of time and they are no more in service. Therefore, the said decree

cannot be executed as against the present officials. There is no decree as

against the Tamil Nadu Housing Board and therefore, the land having

vested with the Tamil Nadu Housing Board, the decree cannot be

executed as against the Tamil Nadu Housing Board.

6.The Executing Court relied upon Exhibit P3 which is an

advertisement board put up by the Tamil Nadu Housing Board and

Exhibit P4 letter written by the officials of the Tamil Nadu Housing

Board on 01.12.2008 to the Sub Registrar, Karur and Thanthonimalai

Municipality, arrived at a finding that the officials have addressed these

letters to stop registration of property and not to give electricity service

connection to the property which is the subject matter of the suit.

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CRP(MD).No.2217 of 2017

Therefore, the defendants have violated the injunction decree granted by

the Court. The Executing Court further found that the defendants have

violated the injunction decree and passed an order directing the police

authorities to arrest the judgement debtors and produce them before the

Court on 22.03.2017. Challenging the said order of arrest, the present

revision petition has been filed by the defendants/ officials of the Tamil

Nadu Housing Board

Contentions of the learned counsel for the revision petitioners:

7.The property having an extent of 3.50 acres in S.No.1407 in

Senappiratti Village in Karur Taluk originally belonged to one

Vellayappa Gounder. He had