Don’t convert High Court into munsif court, says Judge

Mohamed Imranullah S.

Litigants, lawyers warned against petitions challenging eviction notices

MADURAI: The Madras High Court Bench here has warned litigants and their lawyers against virtually converting the High Court into a Munsif Court by filing indiscriminate writ petitions challenging eviction notices issued by authorities.

Dismissing one such petition, a Division Bench, comprising Justices K. Ravirajapandian and P.P.S. Janarthana Raja, said that it was expedient to impose costs on all those who file writs in these kinds of matters instead of approaching civil forums. “It is very unfortunate that, of late, it has become a routine feature in this court to file indiscriminate writ petitions in respect of encroachments, as and when any notice or action is taken by the authorities for removal of such encroachments.” They recorded strong disapproval of the practice and also deprecated it saying “it is impermissible in law to virtually convert the High Court, exercising powers under Article 226 (to issue writs) of the Constitution, as a District Munsif Court.”

K. Jeyaram of Kulasekarapuram panchayat in Tuticorin district had sought to quash an order passed by the local body president asking him to remove a construction put up on a public road. He claimed that the disputed land was his ancestral property and he had documents to prove his title and continuous possession. The Judges said the petitioner ought not to have filed a writ petition against the impugned order.

The correct remedy available to him was to approach the civil court.

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