GANAPATHY SUBRAMANIAN Vs. S RAMALINGAM

JUDGEMENT

(1.) (Civil Revision Petition filed under Article 227 of the Constitution of India invoking the extraordinary power of judicial superintendence in respect of taking on file and issuance of summons in O.S. No.20 of 2004 on the file of the Principal District Munsif, Karaikal.) This revision is filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India to strike off the plaint in O.S. No.20 of 2004 on the file of the District Munsif Court, Karaikal, Pondicherry.

(2.) THE case of the petitioner is that respondents 1 to 5 filed a suit in O.S. No.20 of 2004 on the file of the District Munsif, Karaikal, seeking for permanent injunction against the 20th defendant, who is the revision petitioner, restraining him from making or continuing with any construction in any part of the suit property with the collusion and connivance of the other 19 defendants either by himself or through his men and for a mandatory injunction against the petitioner directing him to remove any construction made or to be made by him during the pendency of the suit.

(3.) IT is not denied that the powers conferred upon the High Court under Article 227 of the Constitution of India are extraordinary and discretionary power as distinguished from ordinary statutory power. No doubt, Article 227 of the Constitution conferred a right of superintendence over all Courts and Tribunals throughout the territories in relation to which it exercised jurisdiction, but no corresponding right is conferred upon the litigant to invoke the jurisdiction as a matter of right. In fact, the power under Article 227 of the Constitution of India casts a duty upon the High Court to keep the inferior Courts and tribunals within the limits of its authority and that they do not cross the limit ensuring the performance of their duties in accordance with law conferring power within the ambit of the enactment treating such Court and Tribunals. Only wrong decisions may not be a ground for the exercise of jurisdiction under this article unless the wrong is referable to grave dereliction of duty and flagrant abuse of power by the subordinate courts and tribunals resulting in grave injustice to any party.