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Somanathaswamy Koil vs. City Civil Court, K.Boopalan Chennai.

15. O.S.No.5116 of 2007 was filed by one V.M.Yoosuf and others before the VI Assistant Judge, City Civil Court, Chennai for permanent injunction and is still pending. The said V.M.Yoosuf and others claimed to have purchased to an extent of 0.38 - 3/4 Cents out of 1.70 Acres from the first defendant therein K.Boopalan. On verifying the Court records, it appears that the Suit was earlier dismissed for default and thereafter was restored and the same is pending as on date.

18. Record also indicates that O.S.No.6943 of 2007 was filed by the Executive Officer of Arulmigu Somanathaswamy Kovil (Temple) against K.Bhoopalan for a permanent injunction restraining the said K.Boopalan from developing the land. The suit was however dismissed by the V Asst. Judge, City Civil Court, Chennai, on 30.06.2005.

19. The said K.Boopalan had earlier filed W.P.Nos.9934 and 9935 of 2006 for a Writ of Mandamus to direct the Tahsildar to pass ______________ https://www.mhc.tn.gov.in/judis Page No 14 of 51 W.P.Nos.13277 of 2019 etc. appropriate orders on merits to annul the settlement proceedings and for the grant of Patta for the suit property in his favour.

22. Thus, Review Application Nos.78 & 79 of 2008 were filed in W.P.Nos.9934 and 9935 of 2006 by the petitioner herein M.Kangeyan (as a third party) before the learned Single Judge. An order was passed, whereby, a part of the order where it stated that “The petitioner’s possession and enjoyment shall not be disturbed in any manner” was deleted.

23. The said K.Boopalan also filed W.P.Nos.9468 of 2009, 8581 of 2015, 437 & 442 and 449 of 2020 before this Court. In the said proceedings, the said K.Boopalan was represented by his Power of Attorney namely V.R.Sundar, in whose favour, a Registered Power of Attorney dated 31.08.1997 was executed. The said Writ Petitions were disposed by this Court with the following observation:-

“5. It is seen that in paragraph No.2, he claims himself as a Bonafide Power of Attorney Holder. It is clear that the power Agent V.R.Sundher, S/o.P.K.V.Raghavan, No.5-A, Red ______________ https://www.mhc.tn.gov.in/judis Page No 16 of 51 W.P.Nos.13277 of 2019 etc. Hills Road, Villivakkam, Chennai – 600 049, had played a fraud on the Court by claiming to be Power of Attorney Agent of a fictitious person and by giving fictitious address and had also obtained interim orders by this Court in the year 2009 and again in the year 2015, which interim orders have been continuing till this date and he also filed further writ petitions in the year 2020. Now he claim innocence and ignorance about his principal, as a fictitious person and had given a fictitious address for K.Boopalan. The said agent seeks indulgence of this Court. However, the indulgence cannot be granted.