Judge lambasted over stay on CMDA action

CHENNAI: The Madras High Court has lambasted the XVI Assistant Judge of City Civil Court, Chennai, for granting an interim injunction restraining the authorities concerned from locking and sealing an illegal construction.“Prima facie, we are of the view that the Assistant Judge, who passed his order (a couple of days ago) on October 31 had no fundamental knowledge of law in the matter of grant of injunction,’’ the first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam said.The order appears to be in gross violation of the provisions of Order 9 Rules 1 and 2 of the Code of Civil Procedure (CPC) as also Sec 101of the TN Town and Country Planning Act (TNTCPA). Besides, in spite of the specific order passed by a division bench of this court earlier in respect of the action taken by the CMDA or the corporation with regard to illegal construction and encroachments on  roads and pavements, the judge had entertained the suit and granted an order of injunction. “We are constrained to observe that while entertaining any suit, the court ought to have considered the division bench’s order as also the orders passed by this court,’’ the bench said.