Wednesday, 14 July 2010

Justice K. Venkataraman Illegally Modifies his Own Orders - Misuse of Article 227

For a second time trustees filed another clarification petition in M.P. No.2/2008 in C.R.P. 3314/2007 to further clarify the unambiguous High Court Order dated 04.08.2008.

The trustees misrepresented to Justice K. Venkataraman that on enquiry by them they have found that ‘International Guest House’ was unwilling to accommodate the five sisters. They produced the letter received by them from ‘International Guest House’ but failed to produce their own letter which they claimed to have written to the guest house management. This alleged letter has never been made public by them obviously because no such letter exists!

When the trustees had informed us that ‘International Guest House were unwilling to accommodate us, we had asked for rooms at ‘Seaside Guest House’. They were even more furious by this demand and enraged, they proceeded to file their second clarification without even bothering to reply to us.

Justice Venkataraman suo motto appointed Advocate Commissioner, who submitted his report on 23.12.2008 before Justice K. Venkataraman. His report completely exposed the trustees and their devious manipulations and their ill-intentions towards us. Not one accommodation, as cited by the trustees, met the criteria set by Justice K. Venkataraman. All the guest houses chosen by us fit within the stipulated criteria, ‘International Guest House’ being the most suitable and which had even agreed to provide accommodation. (See posting dated 30.12.2008)

Meanwhile we had also written to the Chief Justice of Madras High Court, Justice H.L. Gokhale, and asked him to transfer our case from Justice Venkataraman’s court to anyone else because he was prejudiced in favor of the trustees and because of him another inmate was thrown out on the street and was living on the charity of the church. (What a shame on the trustees that inmates, who have dedicated their entire lives to the Ashram, are forced to live on the charity of the church!) (See posting dated 03.10.2014)

This letter had made Justice K. Venkatarman spitting mad and also because the Advocate Commissioner’s report was so damaging to the trustees, Justice K. Venkataraman became vindictive towards us and repeatedly berated and belittled our lawyer in the open court. His hostility became unbearable and with a heavy heart we asked our lawyer to report ‘no instructions’ and give up vakalat. We were assured that before the case came up for orders, we would be issued with summons either from the court or from the trustees intimating to us the date of appearance. No such thing happened.

More than 1 ½ years after submission of the Advocate Commissioner’s report, Justice K. Venkatarman suddenly brought up the matter, without issuing us summons either through court or through the trustees. Then without taking into account a third party’s objective findings as directed by the court, viz. the Advocate Commissioner’s report, Justice K. Venkatarman proceeded to pass his third impugned order dated 21.06.2010 in M.P. No.2/2008 in C.R.P. No.3314/2007, illegally modifying his own order for a second time. We are directed to accommodate ourselves at ‘Jenny Working Women’s Hostel’.

By repeatedly entertaining the frivolous petitions filed by the trustees, Justice K. Venkataraman not only  lowered the stature of the High Court to that of a Trial Court and misused his discretionary powers of superintendence under Article 227 of the Constitution, but he also illegally modified two times his own order under the guise of clarification resulting in unsought for eviction proceedings.

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