Madras HC takes serious view of illegal eviction of shop owner

Taking serious view of the illegal eviction of a garment shop owner in Mambalam area, the Madras High Court has directed the Registry to place a copy of the order before the state Advocate General to decide whether a motion for criminal contempt should be made before the court against those involved.

Justice PN Prakash also quashed the entire rent control and Lok Adalat proceedings and directed the Deputy Commissioner of Police, Mambalam Range to put back the affected in possession of the property.

The court was hearing a criminal original plea filed under Section 482 CrPC by Anand Kumar Jhawar seeking a direction to police to register a case based on his pending complaint on his eviction on August 9.
 

In his order, the judge said, "The high court, being a constitutional authority, under whose superintendence, fall the rent controller and Lok Adalat, cannot be a mute spectator and turn a Nelson's eye to the said happenings, lest, it should embolden such manipulators of the legal system to continue with impunity, their nefarious activities.

"The acts of K M Suresh, V S Jayarajan and Shanthi Meenakshi the original owner of the property, prima facie, amount to criminal contempt as defined under Section 2(c) of the Contempt of Courts, Act, 1971 for manipulating the Rent Control Court, Lok Adalat and for violating the order of the Assistant Judge, City Civil Court, Chennai," the judge said.

The judge also directed the Registrar Vigilance of the High Court to conduct an inquiry on the role played by Kanthan, Bailiff, attached to the Small Causes Court, Chennai in dispossessing the petitioner from the property.

The judge, who called for the entire proceedings of the Rent Control Court after perusing it, said the eviction order has been obtained by "playing fraud on the Rent Controller and the Lok Adalat."

After going through the records of the Rent Control Court and interim injunction, the judge said "In violation of this order of interim injunction, Anand Kumar Jhawar has been evicted by an illegal process, though it may seemingly be legal."

Noting that the High Court, being a sentinel of every individual's human rights, with all the Constitutional powers under its command, should set right the injustice, the Judge said "Otherwise, people will lose faith in the judicial system, resulting in anarchy."

The judge directed the petitioner to give a complaint to the Deputy Commissioner of Police, Central Crime Branch, Chennai and on such complaint being given, a regular FIR be registered against Suresh, Jarayajan and Shanthi Meenakshi and those who were part of the illegal eviction.