Synopsis: The High Court observed that, on the part of the Advocate, the action was entirely an abuse of the Court’s process.
After the lie was brought to the Court’s notice, a lawyer who misled police officials into believing that a Madras High Court eviction order had been revoked in a bid to stall eviction proceedings had brought contempt proceedings.
Justice P Velmurugan, who passed the eviction order on 3 December, was informed that on 9 December, advocate P Bagyalakshmi had addressed a letter to the Police Inspector stating that the order of the Court had been revoked on 4 December.
The letter was sent in the midst of the police team’s efforts to carry out the eviction under the order of the Court of Justice on 3 December. The Court recorded Bagyalakshmi’s letter of December 9 as stating that on 04.12.2020 the order dated 03.12.2020 impleading the Police Commissioner, Chennai by the Hon’ble High Court was revoked and they cannot enforce the said orders of the Hon’ble Justice P.Velmurugan dated 03.12.2020. Furthermore, the order of eviction of respondents dated 21.11.2020 is maintained by the Hon’ble High Court. When there is no order at all as granted on the date and stay of eviction, they cannot proceed to kindly reconsider further.
However, Justice Velmurugan clarified that the December 3 order was not revoked. As such, it held the action of advocate Bagyalakshmi to be a total abuse of the Court. It therefore proceeded to initiate suo motu contempt action against the errant lawyer, observing that that conduct on the part of the Advocate was entirely an abuse of the Court’s proceedings. Therefore, this Court is prepared to take suo moto contempt against the said Advocate, for which the Registry is required to put this matter before the Hon’ble Chief Justice in order to obtain appropriate orders in this regard.
As far as the eviction proceedings is concerned, the Court took note of a status report stating that the process is being continued against unauthorised occupants.
The Judge ordered the authorities to proceed with the eviction proceedings against five persons who had obtained interim stays.