OZONE PROJECTS PRIVATE LIMITED Vs. S JAGANATHA PANDIAN

JUDGEMENT

(1.) SCHEDULE of property All that piece and parcel of land of a total extent of 42 acres 53 cents comprised in (Old Survey Nos.227/3, 229/1A, 229/2, 230/1, 230/2, 230/3, 230/4, 230/5, 230/7A, 230/8, 231/2) TS Nos and Block Nos as detailed below, in Koyambedu Village (formerly Thirumangalam Village) Egmore-Nungambakkam Taluk, Chennai. Block No. Town Survey Numbers Extent (in acres) 26 1/1 1.83 26 " "1/2 2.25 26 2/3 3.27 26 2/4 13.11 26 4/2 0.45 27 3/2 18.26 27 3/3 2.57 27 4/3 0.32 27 7/2 0.47 " " 42.53 Situate with the Sub-Registration District of Anna Nagar and Registration District of Chennai North and bounded as follows: North by : CPWD Quarters South by : Coovam River East by : 100 ft wide Jawaharlal Nedru Ring Road and Pillaiyar Koil Street West by : Padi Village This Original Application coming on this day before this court for hearing the court made the following order: Pending suit for recovery of damages of Rs.10.00 crores and for a permanent injunction restraining the defendant from publishing or circulating any false or defamatory or derogatory statement, notices and claims pertaining to the suit property, the plaintiff has come up with the above application seeking an interim order of injunction restraining the respondent from publishing or circulating any false, defamatory or derogatory statements, relating to the suit schedule property.

(2.) I have heard Mr. R. Krishnamurthy, learned senior counsel appearing for the applicant/plaintiff and Mr. K. Ramachandran, learned counsel appearing for the respondent/defendant.

(3.) THE defendant also filed a supplementary counter affidavit contending inter alia, (a) that the legal representatives of the original owners executed a General Power of Attorney in favour of one Mr. G.N. Pandian on 30.6.1995, on the basis of which he created various fictitious sale deeds in favour of his own kith and kin; (b) that upon coming to know of the same, the owners cancelled the power by a deed of cancellation dated 29.01.1996; (c) that when a false complaint was lodged against this defendant, he obtained anticipatory bail; (d) that on 02.3.2006, a sale deed was created in favour of Krishna Tiles, in respect of a land of an extent of 9.1 acres; (e) that on 29.5.2007, the original owner Mr. A.S. Muthusamy issued a notice to his agent Mr. G.N. Pandian, alleging misappropriation; (f) that the judgement and compromise decree passed in O.S.No. 3255 of 2008 would show that the defendant was not a land grabber; (g) that this defendant has been agitating his rights in many proceedings; (h) that the police officers, who were instrumental in getting the defendant detained, were themselves trapped and arrested by the vigilance department later; Quoted fictitious writ petition numbers to the revenue authorities and the same was brought to their knowledge by this defendant; (j) that this defendant has also filed W.P. No. 588 of 2011 seeking a direction to the Director of Urban Land Ceiling for taking action; and (k) that this defendant has always been trying to exercise his rights owner the property in question.