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[Cites 5, Cited by 0]

Madras High Court

P.Senthil Kumar vs State Rep By

Author: P.N.Prakash

Bench: P.N.Prakash

       

  

   

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 03.06.2015

Delivered on : 09.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH


CRL.OP.No.11559 of 2015 and M.P.No.2 of 2015,
CRL.OP.No.11560 of 2015 and M.P.No.2 of 2015,
CRL.OP.No.11761 of 2015 and M.P.No.1 of 2015 and
CRL.OP.Nos.11802 of 2015 and M.P.No.1 of 2015



P.Senthil Kumar		 		... Petitioner in all Crl.OPs
								      
							
Versus

1.State rep by
The Inspector of Police [Law & Order],
K-10, Koyambedu Police Station,
Koyambedu - Chennai.					

2.P.M.Sebastian, 
Rep by Power of Attorney Holder
K.Surendran				    			... Respondents in
   	    Crl.OP.Nos.11559 & 11560 of 2015 

[Impleaded as 2nd respondent as per the orders of this Court dated 03.06.2015 in MP.Nos.1 and 1 of 2015] 	


1.The Commissioner of Police,
Chennai City Police, Vepery,
Chennai.

2.The Assistant Commissioner of Police,
Koyambedu Range, Chennai.

3.The Inspector of Police,
K-10, Koyambedu Police Station,
Koyambedu, Chennai.

4.P.M.Sebastian	                                 ... Respondents in
						  Crl.OP.Nos.11761 & 11802 of 2015

Prayer in Crl.OP.No.11559 of 2015 : Criminal Original petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to provide police protection to the petitioner shop H-88 in Periyar vegetable market, Chennai-92.
Prayer in Crl.OP.No.11560 of 2015 : Criminal Original petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to register a case on the basis of the complaint dated 21.04.2015 given by the petitioner and investigate the matter in accordance with law.
Prayer in Crl.OP.No.11761 of 2015 : Criminal Original petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents 1 to 3 not to harass the petitioner, a legal occupant, by misusing the order in Crl.OP.Nos.11047 and 11048 of 2015 dated 29.04.2015.
Prayer in Crl.OP.No.11802 of 2015 : Criminal Original petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents 1 to 3 not to interfere with the possession of the petitioner in respect to the property at door No.H88, Periyar vegetable market, Koyambedu, Chennai.
	For Petitioner			:   Mr.V.Ragavachari 
	in all Crl.OPs		                        for M/s.GK Law Firm
	

	For Respondents 			:   Mr.P.Govindarjan,  
          in Crl.OP.Nos.11559 & 		    Addl. Public Prosecutor [for R1] 
	11560 of 2015       
         						

	For Respondents 			:   Mr.P.Govindarjan,  
          in Crl.OP.Nos.11761 & 		    Addl. Public Prosecutor [for R1 to R3] 
	11802 of 2015       
         						

	For Intervener			:   Mr.C.Rajan 



C O M M O N  O R D E R

This litigation has a chequered history and therefore the facts require detailed narration. For the sake of convenience, the parties will be referred to by their name.

2. The dispute in this case is with regard to the possession of a vegetable shop bearing door No.H-88 measuring 4120 sq.ft. in Periyar vegetable market in Chennai.

3. For the sake of brevity, the property will be referred to as shop H-88. It is common knowledge that the Chennai Metropolitan Development Authority [CMDA] constructed a huge vegetable market complex in Koyambedu and allotted shops to various persons. Shop H-88 was initially allotted to one Muthazhagu who appears to have divided the shop into nine portions and had sublet the same to some persons including one Gnanasekaran and Senthil Kumar in violation of the allotment order. These persons were selling vegetables in the portions in their occupation since 1998. It is asserted by Senthil Kumar that he was a tenant under Muthazhagu and was paying him Rs.100/- per day as rent.

4. In the year 2003, the CMDA officials sealed the shop H-88 as Muthazhagu has failed to pay the monthly charges to the CMDA. Aggrieved by the sealing of the shop, Senthil Kumar, Gnanasekaran and others made representations in the year 2003 to the CMDA for allotting the shop H-88 to them.

5. While so, the CMDA issued a public notice for the sale of shop H-88 via open auction. Challenging the auction notice, Senthil Kumar and others filed WP.No.10288 of 2003 which was disposed of by this Court on 03.04.2003 upholding the auction notice, but directing the CMDA to consider the representation of Senthil Kumar and others if it is possible to accede to their request. P.M.Sebastian participated in the auction and purchased shop H-88 for a total cost of Rs.91,67,000/- and the CMDA confirmed the bid by order dated 08.04.2013. According to P.M.Sebastian, there are nine portions in shop H-88 and eight were in occupation of various persons including the said Gnanasekaran.

6. It is the allegation of P.M.Sebastian that after he purchased shop H-88, Senthil Kumar was not in occupation of any portion and that, he is a very close friend of Gnanasekaran who was using the telephone connection bearing No.044-247956471, that is in the name of Senthil Kumar. On the contrary, it is the assertion of Senthil Kumar that he has been continuously in occupation of one portion of shop H-88, even after P.M.Sebastian had purchased it. Even though, P.M.Sebastian was a successful bidder, the CMDA did not issue him license and registration certificate and also did not execute the sale deed for shop H-88, on the ground that the shop H-88 was earmarked as godown and that P.M.Sebastian is using it as shop for selling vegetables in retail. Therefore, P.M.Sebastian filed WP.No.36689 of 2006 contending that shop H-88 was already divided into nine portions and eight portions were in occupation of various persons when CMDA had auctioned it and therefore, he had not divided the property into portions for the purpose of retail sale of vegetables as alleged by CMDA. In other words, the shop was auctioned in as is where is condition by the CMDA for which, P.M.Sebastian cannot be faulted.

7. This Court considered the rival submissions and by order dated 21.03.2007 in WP.No.36689 of 2006 directed the CMDA to issue the necessary license and registration certificate and also to execute the sale deed in favour of P.M.Sebastian. Pursuant to the order passed by this Court, CMDA executed the Sale Deed in favour of P.M.Sebastian and thus, he became the lawful owner of shop H-88. Thereafter, P.M.Sebastian filed eight suits namely, OS.Nos.13390 to 13397 of 2009 before the City Civil Court, Chennai, for eviction of eight persons in occupation of the eight portions in shop H-88. In the said eight suits filed by P.M.Sebastian, Gnanasekaran is a defendant in one of the suits as he is in occupation of one portion in shop H-88. It must be necessary to state here that no suit was filed by P.M.Sebastian against Senthil Kumar, because, according to P.M.Sebastian, Senthil Kumar had vacated and gone before the purchase.

8. Since the shop was not being used as a godown, the CMDA once again sealed the shop on 09.03.2012. P.M.Sebastian approached the CMDA for permission to use the shop H-88 for retail vegetable sale, which was permitted. Challenging the permission granted by the CMDA, Gnanasekaran filed WP.No.28262 of 2013 before this Court, on account of the pendency of which, the shop could not be de-sealed. Therefore, P.M.Sebastian had to prefer WP.No.29583 of 2013 before this Court, for a direction to the CMDA to remove the lock and seal. After a protracted legal battle, P.M.Sebastian succeeded and Gnanasekaran lost. This Court passed the following order in WP.Nos.28262 and 29583 of 2013:

In the light of the decision taken by the authority permitting conversion necessarily the seals affixed in respect of the premises H-88, have to be removed and the premises has to be de-sealed and unlocked by the CMDA. Accordingly, WP.No.29583 of 2013, is liable to be allowed. In the result for the reasons assigned, WP.No.28262 of 2013, is dismissed and WP.No.29583 of 2013 is allowed and the respondent CMDA is directed to de-seal and unlock the premises forthwith on receipt of the copy of the order. No costs. Armed with the order passed by this Court in WP.No.29583 of 2013, P.M.Sebastian made a representation to the CMDA to remove the lock and seal of shop H-88 and the Chief Executive Officer, CMDA passed the following order on 10.03.2015:
... Hence it is requested to de-seal the unlock the Godown No.H-88 and the shop may be handed over to Thiru. P.M.Sebastian who is the allottee of Godown No.H-88 in Vegetable Market.

9. It may be relevant to state whether the suits in OS.Nos.13390 to 13397 of 2009 field by P.M.Sebastian was decreed in his favour. Except Gnanasekaran, the other seven occupants did not challenge the judgment and decree. Gnanasekaran filed an appeal in AS.No.34 of 2013 against the decree and the same was dismissed by the XVI Additional Judge, City Civil Court, Chennai.

10. The travails of P.M.Sebastian did not end with the removal of seal and lock by the CMDA. It reincarnated in the form of Senthil Kumar, a stooge of Gnanasekaran. When the seal and lock were removed, Senthil Kumar and his gang attempted to forcibly take possession of the shop H-88, which prompted P.M.Sebastian to lodge a complaint to the local police on 21.04.2015 for taking appropriate action. The police did not register regular FIR, but merely registered CSR.No.135/2015 and were prevaricating.

11. It is alleged by P.M.Sebastian that Senthil Kumar broke open the lock and police had to be summoned by contacting 100. P.M.Sebastian rushed to this Court for a direction in Crl.OP.Nos.11047 and 11048 of 2015 to direct the police to register a FIR on the complaint dated 21.04.2015 given by him and take action against the trespassers and evict them from shop H-88 and also for police protection for safeguarding his possession of shop H-88. When the matter came up for hearing in the forenoon of 29.04.2015, this Court directed the police to afford sufficient protection to P.M.Sebastian. In the afternoon, learned counsel Mr.Seetharaman made a special mention before this Court stating that he is appearing for Senthil Kumar and wanted a rehearing of the case. Since the order was not signed, this Court reheard the matter at 2.30p.m. and passed the following order on the same day:

Seeking a direction to the respondent police to register the complaint dated 21.04.2015 and investigate the same and also for providing police protection to H-88 shop in Koyambedu Market, Chennai - 600 092 in the interest of justice, the petitioner has come up with these petitions.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
3. On reading of the complaint, it is seen that the opposite parties are trying to forcibly take possession of the petitioner's shop, Godown H-88 in Vegetable Market, Koyamebdu. The allegations made in the complaint are very serious.
4. Hence, the respondent police is directed to enquire into the complaint dated 21.4.2015 lodged by the petitioner and take action in accordance with the law laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]., and also afford sufficient protection to the petitioner's properties.
5. After the above order was dictated in the open Court and before it was signed, Mr.Seetharaman, learned counsel appearing for the Intervener submitted that the matter should be re-heard. Therefore, this Court directed the matter to be called at 02.15 p.m. today.
6. The matter was re-heard at 2.15 p.m. today. It is brought to my notice that Godown/Shop H88 was earlier sealed by the Chennai Metropolitan Development Authority (CMDA) and thereafter on the directions of this Court made in W.P.No.29583 of 2013, which was filed by the petitioner herein, the seals were removed and the CMDA handedover the property after de-sealing, to the petitioner herein by order dated 10.03.2015. Now, after the property has been handed over, the opposite parties, with the help of Goondas and rowdy elements are trying to forcibly take possession of the property from the petitioner. It has become endemic these days for antisocial elements to take forcible possession of properties which are under lock and key.
7. Under such circumstances, this Court directs the respondent police to afford full protection to the petitioner and see that the opposite party does not threaten and take forcibly the possession of Godown/Shop H-88, Vegetable Market from the petitioner. The police shall also remove if there are any encroachers squatting in the property.

12. This Court clearly found that Senthil Kumar and a gang of men are attempting to dispossess P.M.Sebastian from the property and they require to be dealt with an iron hand. To recapitulate, the afore said order was passed by this Court on 29.04.2015, i.e., on the eve of the summer vacation. If aggrieved, Senthil Kumar should have taken the matter to the Apex Court. Instead, Senthil Kumar moved the vacation Court by filing Crl.OP.Nos.11559, 11560, 11761 and 11802 of 2015 with various prayers which are extracted in the preamble portion of the order. The prayer in Crl.OP.No.11761 of 2015 is worth quoting:

To direct the respondents 1 to 3 not to harass the petitioner, a legal occupant, by misusing the order in Crl.OP.No.11047 and 11048 of 2015 dated 29.04.2015.

13. P.M.Sebastian somehow got scent of this petition and he made arrangements through his lawyer to intervene, when the Criminal Original Petitions were taken up for hearing by the vacation Judge on 06.05.2015. The learned vacation Judge has passed the following interim order in all the Criminal Original Petitions:

The petitioner claims to be in possession of the property. Status Quo as on date shall be maintained till 03.06.2015. Post on 03.06.2015.

14. Mr.V.Ragavachari, learned counsel appearing for Senthil Kumar vehemently submitted that Senthil Kumar was a tenant under Muthazhagu in respect of a portion in shop H-88 and after the shop was purchased by P.M.Sebastian, the tenancy continued even thereafter. In support of this contention, Mr.V.Ragavachari, learned counsel relied upon the telephone bills of BSNL in respect of the connection no. 044-247956471 which stands in the name of Senthil Kumar.

15. Mr.V.Ragavachari also contended that Senthil Kumar has filed a suit in OS.No.2473 of 2015 before the VI Assistant Judge, City Civil Court, Chennai on 23.04.2015 for injunction restraining P.M.Sebastian from interfering with Senthil Kumar's peaceful possession of shop H-88. The City Civil Court did not grant any interim injunction, but ordered notice to P.M.Sebastian returnable by 30.04.2015.

16. Mr.V.K.Sathyamoorthy, learned counsel appearing for P.M.Sebastian submitted that P.M.Sebastian was not aware of the suit in OS.No.2473 of 2015 said to have been filed by Senthil Kumar, when Crl.OP.Nos.11047 and 11048 of 2015 were filed by him. There seems to be much force in the submission of Mr.V.K.Sathyamoorthy in as much as, even the counsel Mr.Seetharaman who appeared before this Court on behalf of Senthil Kumar in Crl.OP.Nos.11047 and 11048 of 2015 on 29.04.2015 afternoon did not whisper anything about OS.No.2473 of 2015.

17. On a reading of the plaint in OS.No.2473 of 2015, Senthil Kumar has averred that he is a tenant under P.M.Sebastian from 08.10.2003 on a monthly rent of Rs.20,000/- and that he has also paid Rs.6lakhs as advance to P.M.Sebastian. This Court asked Mr.V.Ragavachari, learned counsel appearing for Senthil Kumar to produce any material to show that he has paid Rs.6lakhs as advance or that he has been paying the rent Rs.20,000/- to P.M.Sebastian for which, Mr.V.Ragavachari was not able to produce any shred of material even. Admittedly, shop H-88 was locked and sealed by the CMDA as early as on 09.03.2012 and it is ridiculous to believe that Senthil Kumar was paying rent of Rs.20,000/- per month to P.M.Sebastian during that period. It is the contention of Mr.V.Ragavachari that Senthil Kumar was a tenant under P.M.Sebastian, even from 2003 and therefore, it is the duty of P.M.Sebastian to put Senthil Kumar back into possession after the CMDA removed the lock and seal.

18. I am unable to persuade myself to agree with this reasoning of Mr.V.Ragavachari. It is the specific case of P.M.Sebastian that even though he was a successful bidder and had paid a huge sum of Rs.91,67,000/- to the CMDA, he was put to continuous trouble both by the CMDA as well by the eight persons including Gnanasekaran who were in occupation of shop H-88. P.M.Sebastian had to file eight suits namely OS.Nos.13390 to 13397 of 2009 for evicting eight persons. Had Senthil Kumar been one of the occupants, P.M.Sebastian would have definitely filed a suit against Senthil Kumar also. This itself clearly shows that Senthil Kumar is a rant trespasser and is a usurper. This Court can take judicial notice of the fact that in the city of Madras, landlords are unable to take possession of any property on account of rampant land grabbing by antisocial elements which prompted the State Government to even constitute a Special Police Cell and Special Court for dealing with land grabbing cases.

19. P.M.Sebastian has been running from pillar to post for enjoying the property which he has validly purchased in auction from CMDA and ultimately, after herculean efforts, when the seals were removed by the CMDA and possession was handed over to him as found in the letter dated 21.04.2015 given by CMDA, Senthil Kumar and his cohorts are attempting to take forcible possession of the property by illegal methods. Filing of a bare injunction suit is a well known method adopted by most of the land grabbers to give legitimacy to their misdeeds and in the opinion of this Court, the present suit by Senthil Kumar is one such endeavour.

20. Mr.V.Ragavachari, learned counsel relied upon the following judgments of the Hon'ble Supreme Court to drive home the point that the complaint given by Senthil Kumar against P.M.Sebastian should be investigated and action be taken against him.

i.ILR 2009 KAR 2248 [Dilip Deshmukh and Another Vs. The State of Karnataka, Department of Home Affairs and Others] ii.2012 [1] CTC 246 [K.Neelamegam Vs. Durgamoorthi, Revenue Divisional Officer, Sivagangai, Sivagangai District and Others] iii.[2008] 2 SCC 409 [Sakiri Vasu Vs. State of Uttar Pradesh and Others]

21. I have no quarrel with the propositions laid down in the afore said judgments. But the facts in this case are totally different from the facts in the said cases. This Court cannot be a mute spectator and threw its hands up in despair, when possession of a legitimate owner is being nakedly threatened by antisocial elements. Turning a blind eye to such rank aggression would make the judicial process inept and the power of this Court under Section 482 Cr.P.C and Article 226 of the Constitution of India otiose. As said by the Hon'ble Supreme Court in Prithipal Singh Vs State of Punjab reported in [2012] 1 SCC 10, extraordinary cases require extraordinary solutions.

22. In fine, Crl.OP.Nos.11559, 11560, 11761 and 11802 of 2015 are dismissed with cost of Rs.25,000/- [Rupees twenty five thousand only] payable by Senthil Kumar to the Tamil Nadu Legal Services Authority. Consequently, connected miscellaneous petitions are closed. The respondent police is directed to give police protection to P.M.Sebastian and eject Senthil Kumar and group of goondas from shop H-88 immediately by giving effect to the order dated 29.04.2015 passed by this Court in Crl.O.P.No.11047 and 11048 of 2015. The police shall provide sufficient protection to safeguard the possession of the shop H-88 by P.M.Sebastian.

09.06.2015 gya Note to Registry:

Issue today.
To
1.The Commissioner of Police, Chennai City Police, Vepery, Chennai.
2.The Assistant Commissioner of Police, Koyambedu Range, Chennai.
3.The Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai.
4.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J., gya Pre-Delivery Order in CRL.OP.Nos.11559,11560, 11761 and 11802 of 2015 09.06.2015 CRL.OP.No.11559 of 2015 and M.P.No.2 of 2015, CRL.OP.No.11560 of 2015 and M.P.No.2 of 2015, CRL.OP.No.11761 of 2015 and M.P.No.1 of 2015 and CRL.OP.Nos.11802 of 2015 and M.P.No.1 of 2015 Reserved on : 15.06.2015 Delivered on : 16.06.2015 P.N.PRAKASH, J.

After the orders were pronounced on 09.06.2015, Mr.V.Ragavachari made a special mention on 10.06.2015 that there is a serious factual error in this Court's order and therefore, requested the matter to be posted for being mentioned. Accordingly, the matter was posted under the caption 'for being mentioned' on 11.06.2015.

2. Heard Mr.V.Ragavachari, Mr.V.K.Sathyamoorthy and Mr.Seetharaman, Advocates.

3. Mr.V.Ragavachari submitted that this Court had proceeded under the erroneous premise that Mr.Seetharaman, Advocate had represented P.Senthil Kumar in Crl.OP.Nos.11047 and 11048 of 2015 in which, final orders were passed by this Court in the afternoon of 29.04.2015. Mr.Seetharaman who argued for the opposite party's case in Crl.OP.Nos.11047 and 11048 of 2015 submitted that he was under the impression that his client Gnanasekaran is the opposite party in those two petitions and under that erroneous premise, he had argued the case. Further, he submitted that he was not engaged by Senthil Kumar.

4. It is Mr.V.K.Sathyamoorthy's assertion that both Gnanasekaran and Senthil Kumar are two sides of the same coin and that Gnanasekaran is trying to achieve his objective of taking possession of shop H-88 through his stooge Senthil Kumar.

5. Normally, when an Advocate intervenes and reports that he is appearing for a certain party, this Court would never suspect him and it is a practice of this Court to not even insist upon the learned counsel to file a formal vakalatnama, because of the implicit faith this Court has on Advocates. After all procedure is a hand maid of justice. In this case also, this Court believed hook, line and sinker that Mr.Seetharaman was representing Senthil Kumar in Crl.OP.Nos.11047 and 11048 of 2015. All the allegations are only against Senthil Kumar and not against Gnanasekaran. Under such circumstances, when Mr.Seetharaman came and mentioned that he is appearing for the opposite party, this Court permitted him to make his submissions and ultimately passed the order on 29.04.2015 in Crl.OP.Nos.11047 and 11048 of 2015. After passing the order in the open court, Mr.Seetharaman, Advocate represented that he wants to take the matter to the Supreme Court and so he requested this Court to issue the certified copy expeditiously. This Court acceded to his request and directed the Registry to issue the certified copy immediately to the parties.

6. Now, it is Mr.V.Ragavachari's submission that the order dated 09.06.2015 passed by this Court in these Criminal Original Petitions filed by Senthil Kumar is founded on the erroneous impression that Senthil Kumar was adequately represented by Mr.Seetharaman in Crl.OP.Nos.11047 and 11048 of 2015 on 29.04.2015. The mistake of this Court in not insisting upon Mr.Seetharaman to file a vakalatnama is now being taken advantage of by both Gnanasekaran and Senthil Kumar. Be that as it may, even if this Court is to give them the benefit of doubt and accept the submission that Mr.Seetharaman had represented only Gnanasekaran and not Senthil Kumar, would this Court have passed the same order in these Criminal Original Petitions on 09.06.2015 ? The answer to this question is an emphatic yes.

7. It is Senthil Kumar's case that he was tenant under P.M.Sebastian which contention this Court has rejected in paragraph No.17 and 18 of the order dated 09.06.2015. Senthil Kumar knew that an order in Crl.OP.Nos.11047 and 11048 of 2015 has been passed by this Court on 29.04.2015, after hearing Mr.Seetharaman. He also knew that P.M.Sebastian has filed a civil suit for evicting Gnanasekaran from shop H-88 and has obtained a decree in his favour. He knew that P.M.Sebastian had been going to police and lodging complaints only against him, because, according to P.M.Sebastian, Senthil Kumar is attempting to take forcible possession of the property at the instance of Gnanasekaran who cannot do it himself as Gnanasekaran had lost in the suit filed by P.M.Sebastian.

8. Admittedly, shop H-88 was under seal and locked by the CMDA from 09.03.2012 to 10.03.2015. The seals were opened by the CMDA and possession was handed over by the CMDA to P.M.Sebastian on 10.03.2015. Admittedly, Senthil Kumar was not inside shop H-88 from 09.03.2012 to 10.03.2015. If Senthil Kumar had been put in possession after the CMDA de-sealed shop H-88 on 10.03.2015, then in the police complaint given by him against P.M.Sebastian on 21.04.2015, he would have stated so. Whereas in the complaint dated 21.04.2015, he has stated as if he has been continuously in possession and enjoyment of shop H-88 from 2002 onwards and he has also stated in the police complaint that he has been paying rent to P.M.Sebastian from 2002 to till date. It must be remembered that all these petitions were filed by Senthil Kumar after this Court passed the order in Crl.OP.Nos.11047 and 11048 of 2015 on 29.04.2015.

9. In fact, Senthil Kumar is assailing this order in an ingenious manner. Strangely he has not stated any where in the petition that he had not engaged Mr.Seetharaman and that the order dated 29.04.2015 was passed by this Court on the wrong premise that Mr.Seetharaman was representing him. Even in the oral arguments that was advanced by Mr.V.Ragavachari on 03.06.2015 before this Court, he did not complain that Mr.Seetharaman, Advocate had no authority to represent Senthil Kumar in Crl.OP.Nos.11047 and 11048 of 2015. Thus it is apparent to this Court that both Gnanasekaran and Senthil Kumar are working in tandem and playing all possible tricks to dispossess P.M.Sebastian. Hence, there is no merits in the submission of Mr.V.Ragavachari.

10. All the counsels pointed out a clerical error in the order dated 09.06.2015 which requires to be corrected. In paragraph No.19 of the order dated 09.06.2015, the date '21.04.2015' should be read as '10.03.2015'. The order dated 09.06.2015 stands as it is and requires no modification. The police is directed to implement the order dated 09.06.2015 forthwith.

16.06.2015 gya Note :

Registry is directed to issue a comprehensive order including the order dated 09.06.2015 and this order to the parties.
P.N.PRAKASH, J., gya Order made in CRL.OP.Nos.11559,11560, 11761 and 11802 of 2015 16.06.2015