Blatant Misuse of Powers under Article 227 by Some Corrupt Madras High Court Judges

Together with the active help, support and willful wrong intervention of two judges of the Madras High Court, the trustees have legally harassed us using the backdoor entry under Article 227 of the Constitution of India. These judges are Justice K. Venkataraman and Justice S. Manikumar. A gist of their misuse of discretionary power of supervision is cited below.

1. Justice K. Venkataraman wrongly entertained C.R.P. No.3314/2007, filed under Article 227 by the trustees on an interim petition granting food, shelter, clothing, medical and all other basic needs and necessities of life. He passed perverse order on 29.01.2008 containing reliefs neither asked by the trustees nor by us.
2. Justice K. Venkataraman wrongly entertained M.P. No.1/2008 in C.R.P. No.3314/2007, again filed by trustees for clarification, using for a second time Article 227. He indiscriminately exercised his powers of supervision for a second time and passed perverse order dated 04.08.2008 illegally modifying his first order dated 29.01.2008, containing reliefs neither asked by the trustees nor by us.
3. Justice K. Venkataraman wrongly entertained M.P. No.2/2008 in C.R.P. No.3314/2007, again filed by trustees for a second clarification, for a third time, again using Article 227. He indiscriminately exercised his powers of supervision for a third time and passed perverse exparte order dated 21.06.2010 illegally modifying his first two orders dated 29.01.2008 and 04.08.2008, containing reliefs neither asked by the trustees nor by us.
4. Justice K. Venkataraman ought to have issued notices to us either through court or directed the trustees to issue private notices to us, in view of the fact that our lawyer had given up Vakalat. He unjustly passed an order dated 21.06.2010 in our absence without giving us a just and fair opportunity to defend ourselves.
5. Having appointed suo motto an Advocate Commissioner, Justice K. Venkataraman failed to base his order dated 21.06.2010 on the report of the Advocate Commissioner. He waited for about 1 ½ years from the date of submission of the report of the Advocate Commissioner to pass his order dated 21.06.2010. He passed exparte order after having unjustly eschewed the line contained in the report that clearly indicated the harassment and victimization caused by Ashram trustees to us.
6. The orders passed by Justice K. Venkataraman dated 29.01.2008, 04.08.2008 and 21.06.2010, using his discretionary power of supervision under Article 227, are perverse, bad in law and were illegally modified under guise of clarification to metamorphose into an eviction proceeding which was not the prayer of the trustees in any of their petitions in the first place.
7. Justice K. Venkataraman and Justice S. Manikumar wrongly entertained C.R.P. No.4219/2010 filed by the trustees, once again under Article 227. They blatantly misused discriminatory supervisory powers and admitted the CRP since the trustees had failed to prefer an appeal at the Pondicherry Appellate Authority and had jumped the necessary legal steps before approaching High Court.
8. Justice K. Venkataraman and Justice S. Manikumar wrongly entertained C.R.P. No.4219/2010 filed by the trustees under Article 227, on an interim petition restoring food and shelter to us since the third party had failed to comply with the Order dated 21.06.2010.
9. Justice S. Manikumar passed perverse order dated 03.08.2012 in C.R.P. No.4219/2010 disregarding the principles of natural justice, balance of convenience and facts and circumstances of the case. He based his order dated 03.08.2012 by further modifying the three illegal orders already passed in C.R.P. No.3314 of 2007 dated 29.01.2008, 04.08.2008 and 21.06.2010 by Justice K. Venkataraman, by colluding with him.
10. Justice S. Manikumar passed final order after more than one year (containing two summer vacations) of hearing the final arguments. He failed to appreciate the case in C.R.P. No.4219/2010 on its own merits because the facts and circumstances and cause of action were different from those in C.R.P. No.3314/2010 and deserved impartial and independent evaluation of the case.
11. Since trial in O.S. No.409/2005 had already begun and was underway, Justice K. Venkataraman and Justice S. Manikumar ought to have waited for the final outcome of the trial before passing orders dated 21.06.2010 and 03.08.2012. They wrongly entertained revisions on interim injunction petitions, exercised discriminate supervisory powers under Article 227 and passed outright eviction orders, a prayer neither made by the trustees nor by us, resulting in an absolutely blatant miscarriage of justice.

A Bird’s Eye-view of Suit O.S. No.409/2005

After issuing show cause notice to us, which did not mention any charges leveled against us, and without furnishing a complete copy of A.V. Nagarajan’s report dated 10.01.2005 (which also did not contain any specific charges leveled against us), the trustees began issuing and pasting expulsion letters on our doors. We were given no opportunity to defend ourselves. (See details on posting dated 07.02.2005). The dates of events which occurred thereafter are highlighted hereunder. 

1. 25.04.2005 - O.S. No.409/2005 filed before Principal District Munsif at Pondicherry
2. 28.04.2005 – Exparte interim injunction granting status quo is given to us in I.A. No.1500/2005 in O.S. No.409/2005 by an upright honest judicial officer, Mr. Krishnasamy.
3. 10.06.2005 – Interim injunction is made absolute after a thorough enquiry. We sincerely thank Mr. Krishnasamy (Judge of PDM) for his unwavering rendering of justice.
4. 01.07.2005 – Trustees disobey order of injunction and fail to provide ‘Prosperity Items’, which is given to every inmate to meet their daily and monthly needs since we do not receive any money.
5. Contempt Petition No.3782/2005 filed by us against trustees since they disobey court order. The contempt petition is still pending. (See posting on )
6. Trustees prefer appeal in C.M.A. No. 35/2005 at Pondicherry against the interim order dated 10.06.2005. Trustees’ Appeal is dismissed on 30.01.2007. Trial Court Order dated 10.06.2005 is upheld since the balance of convenience is in our favor.
7. Trustees file C.R.P. No.3314/2007 before Madras High Court challenging dismissal of their appeal on 30.01.2007. Order dated 29.01.2008 is passed. Justice K. Venkataraman directs us to reside in some other accommodation. We request for accommodation at ‘Golconde Guest House’.
8. Trustees file M.P. No.1/2008 in C.R.P. No. 3314/2007 for clarification of the order dated 29.01.2008 since they do not wish to accommodate us at ‘Golconde Guest House’. Order dated 04.08.2008 is passed and under the guise of clarification Justice K. Venkataraman modifies his own Order dated 29.01.2008. As directed we ask to be accommodated at ‘International Guest House’ and the ‘Sea Side Guest House’. (See posting on )
9. Trustees file M.P. No.2/2008 in C.R.P. 3314/2007, a second clarification petition, seeking to further modify the already modified order dated 04.08.2008.
10. Justice K. Venkataraman suo motto appoints an Advocate Commissioner. He directs the trustees and the sisters to state alternate accommodation which he will come and inspect and impartially judge the suitability of the accommodation. Advocate Commissioner comes to Pondicherry, visits the mentioned accommodations and submits his report on 23.12.2008 to the Madras High Court. His report is totally unfavorable to the trustees and completely exposes the harassment which the trustees are causing us. (See posting on )
11. The trustees are in a dilemma because of the Advocate Commissioner’s report and pressurize Justice K. Venkataraman to ignore the same. Justice K. Venkataraman has already been so thoroughly comprise that he blindly obeys the trustees. We write a letter to the Chief Justice of Madras High Court – Mr. Justice Gokhale and seek to transfer our case. (See posting on 14.10.2014)
12. Justice Gokhale ignores our complaint and orders Jusice K. Venkataraman to continue with the case. By now Justice K. Venkatarman has become openly hostile and begins to needlessly insult and berate our lawyer. With a heavy heart we request our lawyer to give up Vakalatnama. We were assured that notice will reach us through court and we can come and represent our case ourselves. No such thing happened.
13. On 21.06.2010, 1 ½ years after Advocate Commissioner has submitted his report, Justice Venkataraman passes exparte order in M.P.No.2/2008 in C.R.P. No.3314/2007 directing us to stay at ‘Jenny Working Women’s Hostel’. As per report of Advocate Commissioner this hostel has no vacancy.
14. On 22.07.2010 using Pondicherry police to intimidate us, Matriprasad, Maya Khandelwal, Jahnavi Ravikanti, Purushottam Kothari and others assault Jayashree and Hemlata and deny us food at Ashram Dining Room. (see posting dated )
15. On 27.10.2010, more than three months later our food is restored at through I.A. No.2094/2010 in O.S. No.409/2005, through the Pondicherry court by Mrs. R. Vasanthi, Hon'ble Judge of PDM. We wish to thank yet another upright judge who did not succumb to pressures from her superiors and trustees.
16. Trustees file revision in C.R.P. No. 4219/2010 challenging order dated 27.10.2010 in I.A. No.2094/2010 in O.S. No.409/2005, as well as Contempt Petition No.1483/2010, in Madras High Court. Justice K. Venkatarman is again presiding over these matters. With great difficulty our lawyers manage to transfer the case to the court of Justice S. Manikumar. Matter is extensively argued on both sides in April 2011. Then on 03.08.2012, more than 1 year later, Justice Manikumar passes order of eviction without stating any reason for the same.
17. The five sisters challenge this unjust order dated 03.08.2012 and file S.L.P. No. 27620/2012. Stay is granted by Justice Nijjar and Justice Gokhale.
18. Thereafter from 15.07.2014 the matter is suddenly preponed by 1 ½ months to 29.04.2014 when it comes up before a new bench and a non-executable order is passed on 29.04.2014 by Justice S.J. Mukhopadhaya and Justice Ranjan Gogoi. (see postings dated )
19. The trustees file Contempt Petition No.395/2014 and arrest warrant has been issued on 13.10.2014 by Justice S.J. Mukhopadhaya and Justice Bobde.

The trial in O.S. No.409/2005 has been underway for more about 4 years. Trustees are delaying and protracting the proceedings of the trial and till have been fined on two occasion for failing to continue with the trial. They paid fine of Rs.2,000/- each time.

It is most pertinent to note here that our case contains no description of any property. It is a case challenging the impugned report which had been fabricated to hush up, suppress, mislead, misguide and misrepresent our complaints of sexual harassment. Neither the we nor the trustees ever sought relief of eviction in any of the above-mentioned multiple proceedings. But astoundingly eviction has been ordered in a sexual harassment case and victims are further victimized by the above-mentioned judges of the Madras High Court and Supreme Court. Has justice now become blind and corrupt and willfully chooses to remain blindfolded?

Justice K. Venkataraman, Justice S. Manikumar, Justice S.J. Mukhopadhaya, Justice Ranjan Gogoi and Justice Bobde have all misused their discretionary powers under Article 227 of the Constitution. In spite of having written countless letters, unfortunately no one has as yet had the courage to take action against these judges and make them answerable for the gross miscarriage of justice.

Justice S. Manikumar - Another Compromised Judge?

Even though the police had assisted the trustees in illegally stopping our food they abstained from assisting us to get back our food at Ashram Dining Room. In fact even our complaints for the assault on 22.07.2010 on us by some inmates were registered only under the Magistrate Court’s directions.

The trustees transparent acts of malice and duplicity came to light when knowing fully well and having received the letter dated 25.07.2010 from the Warden of Jenny Working Women’s Hostel, the trustees sent money orders to Jenny Hostel’s address for all of us, but their correspondences to us were all sent at the Ambabhikshu House address, wherein we were still residing.

We filed I.A.No.2094/2010 for restoring our food and all other facilities. Orders were passed allowing us to eat at Ashram Dining Room on 27.10.2010.

Trustees approached directly Justice K. Venkataraman and filed C.R.P. No.4219/2010 and Contempt No.1483/2010 against we five sisters. In fact in Contempt Petition No.1483/2010 Justice K. Venkataraman even named Mrs. R. Vasanthi (the upright judge of PDM who had passed order for restoring food and all other facilities). Thank god some sense prevailed and he did not pursue his vengeance against this most honorable judge.

However Justice K. Venkatarman went on harassing and intimidating my lawyer at Madras High Court, who with great difficulty managed to transfer both C.R.P. No.4219/2010 and Contempt No.1483/2010 to another bench consisting of Justice S. Manikumar.

Justice S. Manikumar also played foul because he was scared of his senior namely Justice K. Venkatarman and in any event corrupt judges always stick together and watch out each other’s back. Anyhow Justice S. Manikumar heard the arguments on both sides in April 2011. He did not record any contempt on our side but he took offence since we had used the word illegal while speaking of High Court order in our counter in the proceedings. We apologized for this mistake.

Generally High Courts and Supreme Court orders are dictated then and there in the open court, at least the directive part. But Justice Manikumar failed to follow procedure. He posted the matter for orders and after more than a year, past two summer vacations, he passed an even more malafide order dated 03.08.2012, not only upholding Justice K. Venkatarman’s order but modifying it still further and literally ordering eviction on an interim petition revision.