The High Court
Case Details
THE HIGH COURT OF MEGHALAYA AT SHILLONG. WP(C)[SH] No. 46 of 2013 1. Shri Karlin Rupon, S/o Wallan Patlong, R/o Tongseng Nongkhlieh, B.P.O. Shnongrim P.O. Khliehriat, East Jaintia Hills District. 2. Shri Bunshun Sukhlain S/o (L) Klansing Phyrngap, R/o Shnongrim, B.P.O. Shnongrim P.O. Khliehriat, East Jaintia Hills District. 3. Shri Menda Sukhlain, S/o Private Phyrnap, R/o Shnongrim, B.P.O. Shnongrim P.O. Khliehriat, East Jaintia Hills District. WP(C)[SH] No. 45 of 2013 …Petitioners …Petitioner 1. Shri Embok Pajuh, S/o Eli Sukhlain, R/o Tongseng Village, B.P.O. Shnongrim, P.O.Khliehriat, East Jaintia Hills District. -VERSUS- 1. State of Meghalaya, Represented by the Chief Secretary to the Govt. of Meghalaya, Shillong, Meghalaya. 2. The Commissioner and Secretary, Department of Home and Police, 1 Government of Meghalaya, Shillong, Meghalaya. 3. Superintendent of Police, East Jaintia Hills District, Khliehriat, Meghalaya. 4. Officer-In-Charge, Saipung Police Station, East Jaintia Hills District, Meghalaya. 5. Jaintia Hills Autonomous District Council, Represented by the Secretary, Jowai, West Jaintia Hills District. 6. Chief Executive Member, Jaintia Hills Autonomous District Council, Jowai, West Jaintia Hills District. 7. Executive Member, I/c Revenue, Jaintia Hills Autonomous District Council, Jowai, West Jaintia Hills District, Meghalaya. 8. Revenue Officer, Jaintia Hills Autonomous District Council, Jowai, West Jaintia Hills District, Meghalaya. 9. Jingiaseng Samla District, Pala, Represented by its Secretary, Samasi Village, Sumer Pastorship, P.O. Khliehriat East Jaintia Hills District, Meghalaya.
Legal Reasoning
10. Shri Philip Tangliang, S/o Shri D.Paslein, R/o Lakasien Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 11. Shri Begin Paslein, S/o (L) Lat Salahe, 2 R/O Samasi Village, Sumer Pastroship, P.O.Khliehriat, East Jaintia Hills District, Meghalaya. 12. Shri Jelwis Paslein, S/o (L) H.Dkhar, R/o Samasi Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 13. Shri Nangpoi Paslein, S/o Shri Weni Tangliang, R/o Samasi Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 14. Shri. Jasban Churmang, S/o (L) W. Sutuga, R/o Sutnga Village, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 15. Shri. Mishal Syrti, S/o Shri N.Chyrmang, R/o Jalaphet Village, Brisumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. ….Respondents. WP(C)[SH] No. 50 of 2013 Shri Richard Singh Lyngdoh, S/o (L) Deliver Sutnga, R/o Sutnga, B.P.O. Sutnga P.O. Khliehriat, East Jaintia Hills District. -VERSUS- 3 ….Petitioner 1. State of Meghalaya, Represented by the Chief Secretary to the Govt. of Meghalaya, Shillong, Meghalaya. 2. The Commissioner and Secretary, Department of Home and Police, Government of Meghalaya, Shillong, Meghalaya. 3. Director General of Police, Govt. of Meghalaya, Shillong, Meghalaya. 4. Superintendent of Police, East Jaintia Hills District, Khliehriat, Meghalaya. 5. Officer-In-Charge, Saipung Police Station, East Jaintia Hills District, Meghalaya. 6. Jingiaseng Samla District, Pala, Represented by its Secretary, Samasi Village, Sumer Pastorship, P.O. Khliehriat East Jaintia Hills District, Meghalaya. 7. Shri Philip Tangliang, S/o Shri D.Paslein, R/o Lakasien Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 8. Shri Begin Paslein, S/o (L) Lat Salahe, R/O Samasi Village, Sumer Pastroship, P.O.Khliehriat, East Jaintia Hills District, Meghalaya. 4 9. Shri Jelwis Paslein, S/o (L) H.Dkhar, R/o Samasi Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 10. Shri Nangpoi Paslein, S/o Shri Weni Tangliang, R/o Samasi Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 11. Shri. Jasban Churmang, S/o (L) W. Sutuga, R/o Sutnga Village, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 12. Shri. Mishal Syrti, S/o Shri N.Chyrmang, R/o Jalaphet Village, Brisumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. ….Respondents. WP(C)[SH] No. 51 of 2013 Shri Jame Sukhlian, S/o (L) Kander Bamon, R/o Lumthari, B.P.O. Shnongrim, P.O. Khliehriat East Jaintia Hills District. ….Petitioner WP(C)[SH] No. 52 of 2013 Shri Pyrkhat Pajuh, S/o (L) Morningstar Phyrgap, R/o Tongseng Village Elaka Nomgkhlieh East Jaintia Hills District. -VERSUS- 5 ….Petitioner 1. State of Meghalaya, Represented by the Chief Secretary to the Govt. of Meghalaya, Shillong, Meghalaya. 2. The Commissioner and Secretary, Department of Home and Police, Government of Meghalaya, Shillong, Meghalaya. 3. Director General of Police, Govt. of Meghalaya, Shillong, Meghalaya. 4. Superintendent of Police, East Jaintia Hills District, Khliehriat, Meghalaya. 5. Officer-In-Charge, Saipung Police Station, East Jaintia Hills District, Meghalaya. 6. Jaintia Hills Autonomous District Council, Represented by the Secretary, Jowai, West Jaintia Hills District. 7. Chief Executive Member, Jaintia Hills Autonomous District Council, Jowai, West Jaintia Hills District. 8. Executive Member, I/c Revenue, Jaintia Hills Autonomous District Council, Jowai, West Jaintia Hills District, Meghalaya. 9. Revenue Officer, Jaintia Hills Autonomous District Council, Jowai, West Jaintia Hills District, Meghalaya. 10. Jingiaseng Samla District, Pala, Represented by its Secretary, Samasi Village, Sumer Pastorship, P.O. Khliehriat East Jaintia Hills District, Meghalaya. 6 11. Shri Philip Tangliang, S/o Shri D.Paslein, R/o Lakasien Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 12. Shri Begin Paslein, S/o (L) Lat Salahe, R/O Samasi Village, Sumer Pastroship, P.O.Khliehriat, East Jaintia Hills District, Meghalaya. 13. Shri Jelwis Paslein, S/o (L) H.Dkhar, R/o Samasi Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 14. Shri Nangpoi Paslein, S/o Shri Weni Tangliang, R/o Samasi Village, Sumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 15. Shri. Jasban Churmang, S/o (L) W. Sutuga, R/o Sutnga Village, P.O.Khliehriat East Jaintia Hills District, Meghalaya. 16. Shri. Mishal Syrti, S/o Shri N.Chyrmang, R/o Jalaphet Village, Brisumer Pastorship, P.O.Khliehriat East Jaintia Hills District, Meghalaya. ….Respondents. 7 BEFORE THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH CHIEF JUSTICE (ACTING) For the petitioner For the respondents Date of hearing Date of Judgment and Order : : : : : : : : : : : : : : Dr. ODV Ladia, Adv. Mr. B.Laitmon, Adv. Mr. P.yobin, Adv. Miss N.D.Rumnong, Adv. Mr. ND Chullai, Sr. GA Mr. H.S.Thangkhiew, Sr. Adv Mr. P.Nongbri, Adv Mr. B.Bhattacharjee, Adv. Mr. S.Lenthang, Adv Miss B.Das, Adv Mr. L. Lyngdoh, Adv Mr. R. Pyngrope, Adv 04-09-2013 04-09-2013 JUDGMENT AND ORDER (ORAL) The 5(five) writ petitions i.e. WP(C) [SH] 46/2013, WP(C) [SH] 45/2013, WP(C) [SH] 50/2013, WP(C) [SH] 51/2013, WP(C) [SH] 52/2013 involving similar question of fact and law assailing the impugned notice dated 19-12-2012 issued by the Assistant to the Deputy Commissioner at Jowai are jointly heard for disposal by a common judgment and order. 2. Mr. B.Bhattacharjee, learned counsel appearing for the private respondents No.9 - 15, Mr. H.S.Thangkhiew, learned Sr. counsel assisted by Mr. P.Nongbri, learned counsel appearing for respondent No. 5 – 8, and Mr. N.D.Chullai, learned Sr. counsel appearing for the State respondents strenuously contended that the writ petitions are not maintainable inasmuch as the writ petitioners are not parties in T.S. No. 36 (T) of 2012. 3.
Decision
The case of the petitioners in the writ petitions is that there were no injunction orders passed by the Trial Court in the Misc.Case No. 37 (T) of 2012 (reference T.S No. 36 (T) 2012). Without any injunction orders passed in the said Misc. Case 37 (T) of 2012, the learned Trial Court issued the impugned notice dated 19-12-2012 to the defendants in that 8 Title Suit that as prayed for, the Court had granted an ad-interim injunction restraining the Opposite Parties, their agents, workers, servants, assigns and anybody working for and on behalf of them or at their instance from entering the suit premises and interfering in any manner with the peaceful possession/occupation of the suit premises and extracting coal therefrom and doing anything that may adversely affect the petitioners. 4. Considering the serious allegations made by the writ petitioners that the impugned notice for injunction order dated 19-12-2012 was issued without passing any injunction order, this Court called the records from the Court of the Assistant to the Deputy Commissioner, Jowai. On perusal of the records of the T.S. No. 36 (T) of 2012 and Misc. Case No. 37 (T) of 2012, it is clear that there is no order for injunction. 5. This Court is now invoking the jurisdiction under Article 227 of the Constitution of India under which the Court has supervisory power over the Trial Court. This Court normally exercises the supervisory power under Article 227 of the Constitution of India for keeping the Trial Courts within the bound of their jurisdiction. The Trial Court has no jurisdiction and power to issue the impugned notice dated 19-12-2012 without an ad- interim injunction granted against the opposite party i.e. defendant and his agents. Since the impugned notice dated 19-12-2012 was issued without any jurisdiction, it is void ab-initio. Even if the void orders are not required to be set aside, but in the given case, to avoid further confusion, the impugned notice dated 19-12-2012 issued by the learned Assistant to the Deputy Commissioner, Jowai in connection with the Misc. Case No. 37 (T) of 2012 (reference T.S. No. 36 (T) of 2012) is set aside. 6. This Court is not making any observations regarding the merit of the T.S. No. 36 (T) of 2012 inasmuch as the said impugned notice dated 19-12-2012 is set aside only on technical ground. In such circumstances, it is left to the learned Trial Court to decide the application for injunction afresh, according to merit. 7. If the petitioners in the present writ petitions have the interest in respect of the suit premises of the T.S. No. 36 (T) of 2012, they may approach the Trial Court for impleading themselves as defendants in the said T.S. No. 36 (T) of 2012. Again it is made clear that it is left to the wisdom of the Trial Court to decide, if the present writ petitioners have approached the Trial Court for impleading themselves as defendants as, 9 whether they are proper or necessary parties in the T.S. No. 36 (T) of 2012. 8. With the above observations, the writ petitions are allowed only to the extent indicated above. 9. Registry is directed to send down the LCR to the Trial Court. 10. In the given case, the Court is compelled to make an observation that the Trial Court should make an endeavour to dispose of the application for injunction filed by the respondents, i.e. the plaintiff in the said Civil Suit i.e. T.S. No. 36 (T) of 2012 as soon as possible, by passing an appropriate reasoned order. S.Rynjah CHIEF JUSTICE (ACTING) 10