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TMI Blog2003 (9) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... ues. In our view the correct course is to set aside the impugned Judgment and direct the civil Court to decide the question of maintainability of the suit in view of Section 14 of the said Act and/or its jurisdiction to entertain the suit as also the question whether the suit is barred by principles of res judicata as preliminary issues. We see no substance in the apprehension that in deciding the preliminary issues the civil Court will not keep in mind Judgments of this Court (set out therein above) pertaining to maintainability of the suit once patta is granted under the said Act. Undoubtedly the civil Court would see whether in effect the suit is for purposes of setting aside or modifying the decisions taken in the earlier round of litigation. It must also be mentioned that during arguments Mr. Venugopal had submitted that the Appellants were considering applying for amendment of the plaint in order to plead fraud. We are sure that if any such application is made the same will be considered on its merits after hearing the other side. It must be mentioned that Mr. Mishra had submitted that by the proposed amendments admissions are sought to be retracted. We see no reason to concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in control and management of the temple. The facts leading to the present litigation are set out in the impugned Judgment. In the impugned Judgment the Appellants are referred to as T.T.D. whereas the Respondents are referred to as the Tallapaka people . The facts, as set out in the impugned Judgment, are as follows: 4. Sri Krishna Devaraya one of the greatest Emperors who ruled southern India in the 15th century granted an extent of Ac. 27-04 cents of land on Tirumala Hills (now covered by Survey Nos. 586 and 645) to Sri Tallapaka Annamacharya, the celebrated saint, composer and reformer, the progenitor of the petitioners herein (for short the Tallapaka people ). Annamacharya was a great devotee of Lord Venkateswara, in whose praise he wrote and composed music for 32,000 devotional songs. He attained immortality as the greatest devotee of Lord Venkateswara and also the founder of the Bhakti cult, propagating the philosophy of Sri Ramanuja. Kings and emperors showered upon him honours and granted large number of inams in recognition of the spiritual service he rendered. He and his descendants, for over centuries, endowed vast properties for religious and charitable purposes. Talla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arried the matter in revision to the Commissioner who, while recording the concession made by the Counsel for the T.T.D., that the lands in question were in possession of the inamdars on the crucial dates (as envisaged by Section 4 of the Inams Abolition Act) and that the inamdars had been in possession of the lands since 7-6-1933, dismissed the revision petition. xxx xxx xxx 7. The T.T.D. filed W.P. No. 11895 of 1986 challenging the order of the Commissioner affirming the orders of the subordinate statutory tribunals and the inamdar filed W. P. No. 11437 of 1986 contending that an extent of Ac. 3-05 cents of land in question was illegally occupied by the T.T.D. without paying compensation and, therefore, he was entitled to be compensated for the wrongful deprivation. A learned single judge heard both the matters together and by a common judgment, allowed the writ petition filed by the T.T.D. holding that the grant in question was to the institution and that the possession of the land on the relevant dates by the inamdars was only on behalf of the institution but not in recognition of their rights as inamdars and that the view of the Commissioner that the inam was burdened with ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in regard to the suit and the other in regard to the appeal before the Revenue Divisional Officer, Tirupati restraining them from proceeding further in the matters. In the contempt case it was alleged by the inamdars that the T.T.D. in deliberate disobedience of the judgment of this Court in the first Tallapaka case had instituted the suit and, therefore, it is liable to be punished for contempt. By the impugned Judgment the contempt petition has been dismissed. However writs of prohibition have been issued in the following terms: 34. In the result, both the W.Ps. are allowed. A writ of prohibition will issue in W.P. No. 5997 of 1996 prohibiting the principal Subordinate Judge Tirupati from proceeding with the suit O.S. No. 69 of 1995. Likewise, a writ of prohibition will issue in W.P. No. 8347 of 1996 prohibiting the Revenue Divisional Officer, Tirupati from proceeding with the appeal preferred by the T.T.D. against the order of the Inams Deputy Tahsildar, Chittoor in S.R. No. 1/95 dated 9.8.1995. The reasoning adopted in the impugned judgment, in granting the writ of prohibition, is that having urged all contentions in the earlier round of litigation Appellants were now estopped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is not barred. He pointed out the judgments in the cases of State of Tamil Nadu vs. Ramalinga Samigal Madam reported in 1985 (4) SCC 10, R. Manicka Naicker vs. E. Elumalai Naicker reported in 1995 (4) SCC 156, Sayyed Ali vs. A.P. Wakf Board, Hyderabad reported in 1998 (2) SCC 642 and Sri-La-Sri Sivaprakasa Pandara Sannadhi Avargal vs. T. Parvathi Ammal reported in 1998 (9) SCC 603. He submitted that there is a conflict of opinion between the above-mentioned two sets of decisions. He submitted that in view of the conflict of decisions the question whether a civil court has jurisdiction to try a suit on title should be referred to a larger bench. We are unable to except this submission. One set of Judgments are under the said Act whereas the other set of judgments are under legislations in Tamil Nadu. In Sri-La-Sivaprakasa Pandara Sannadhi Avargal's case (supra) reliance had been placed on Vatticherukuru's case (supra) in support of the proposition that a suit on title was barred. The three Judge bench distinguished that case on the ground that the provisions of the Andhra Pradesh Act and the Tamil Nadu Acts are different. Once a three Judge bench has taken a view that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that if this is permitted, a writ of prohibition can be issued by a High Court in one State against the trial of a suit in another State provided summons are served or interim orders are received in that State, so that part of the cause of action arises in the former State. In support of this submission he relied upon the case of Navinchandra N. Majithia vs State of Maharashtra and others reported in 2000 (7) SCC 640. Mr. Venugopal showed to this Court the case of Mirajkar vs State of Maharashtra reported in 1966 (3) SCR 779. In this case the High Court had stopped publication of the proceedings of a trial before it. A writ under Article 32 of the Constitution of India was filed challenging the validity of that order on the ground that it infringed fundamental rights under Article 19 (1) (a) of the Constitution of India. It was held, by the majority, that if a judicial Tribunal makes an order, which it has jurisdiction to make, the order cannot offend a fundamental right. It was held that an order is within the jurisdiction of the Tribunal if the Tribunal had jurisdiction to decide the matters that were litigated before it. It was held that the Tribunal having jurisdiction does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uit was one for infringement of trademark and could thus, by virtue of Section 73 of the Trademark Act, be filed only in the Court of the District Judge at Allahabad. However it must be noted that in this case it had been held that the Writ of Prohibition did not prevent the trial Court from returning the plaint for presentation to the proper Court under Order 7 Rule 10 of the Civil Procedure Code. On the other hand Mr. Mishra submitted that Article 226 of the Constitution of India makes no distinction with respect to the power which a Writ Court can exercise for any of the prerogative writs which can be issued for enforcement of any of the rights conferred by Part III of the Constitution of India or for any other purpose. He submitted that mandamus, prohibition and certiorari are exercised in the same manner depending upon the nature of the controversy and the stage at which they can be effective. He submitted that a certiorari was a writ addressed to a proceeding in the Court and order passed therein whereas a prohibition was directed to the subordinate Court or to any other judicial or quasi-judicial authorities. Mr. Mishra submitted that the instant case was one where a suit wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : certiorari is only available to quash a decision for error of law if the error appears on the face of the record . The position was thus summed up by Morris, L.J. : It is plain that certiorari will not issue as the cloak of an appeal in disguise. It does not lie in order to bring an order or decision for rehearing of the issue raised in the proceedings. It exists to correct error of law where revealed on the face of an order or decision, or irregularity, or absence of, or excess of, jurisdiction where shown . In Veerappa Pillai v. Raman Raman Ltd. and Others ([1952] S.C.R. 583), it was observed by this court that under article 226 the writ should be issued in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice, or refuse to exercise a jurisdiction vested in them, or there is an error apparent on the face of the record . In T. C. Basappa v. T. Nagappa ([1955] S.C.R. 250) the law was thus stated : An error in the decision or determination itself may also be amenable to a writ of 'certiorari' but it must be a manifest error apparent on the face of the proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the matter of granting such writs in English law, the exercise of jurisdiction becomes rudderless and unguided; it tends to become arbitrary and capricious. There will be no uniformity of approach and there will be the danger of the jurisdiction becoming personalised. The parameters of jurisdiction would vary from Judge to Judge and from Court to Court. (emphasis supplied) Mr Mishra also relied upon the case of Smt. Ujjam Bai vs State of Uttar Pradesh reported in 1963 (1) SCR 778. In this case the question was whether a writ petition under Article 32 of the Constitution of India was maintainable against an assessment made by a sales tax officer under a valid act. The majority held that the writ petition was not maintainable. In this case it has been held by Aiyar J as follows: Now, I come to the controversial area. What is the position with regard to an order made by a quasi-judicial authority in the undoubted exercise of its jurisdiction in pursuance of a provision of law which is admittedly intra vires ? It is necessary first to clarify the concept of jurisdiction. Jurisdiction means authority to decide. Whenever a judicial or quasi-judicial tribunal is empowered or required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch decisions. On the basis of the authorities it is clear that the Supreme Court and the High Courts have power to issue writs, including a writ of prohibition. A writ of prohibition is normally issued only when the inferior Court or Tribunal (a) proceeds to act without or in excess of jurisdiction, (b) proceeds to act in violation of rules of natural justice, (c) proceeds to act under law which is itself ultra vires or unconstitutional, or (d) proceeds to act in contravention of fundamental rights. The principles, which govern exercise of such power, must be strictly observed. A writ of prohibition must be issued only in rarest of rare cases. Judicial disciplines of the highest order has to be exercised whilst issuing such writs. It must be remembered that the writ jurisdiction is original jurisdiction distinct from appellate jurisdiction. An appeal cannot be allowed to be disguised in the form of a writ. In other words, this power cannot be allowed to be used as a cloak of an appeal in disguise . Lax use of such a power would impair the dignity and integrity of the subordinate Court and could also lead to chaotic consequences. It would undermine the confidence of the subordinate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at whilst granting an interim injunction the civil Court had considered, prima facie, the question of maintainability of the suit. Mr. Venugopal also pointed out that the Respondents had filed an appeal against the order granting interim injunction. It was pointed out that the appeal is also dismissed holding prima facie that the suit was maintainable. Mr. Mishra could not deny these facts. These facts indicate how chaotic a result has prevailed by grant of the writ of prohibition. The impugned Judgment prohibits the civil Court from proceeding with the suit. Thus the suit will lie on the dormant file of the civil Court indefinitely. However the interim injunction granted by the civil Court, as affirmed by the appellate Court, will continue to operate. To be remembered that in the impugned Judgment there is no reference to these orders and no writ of certiorari has been issued quashing those orders. The end result would be that the suit cannot proceed yet the Respondent will continue, indefinitely, to be restrained by the interim order. Faced with this situation Mr. Mishra submitted that this Court in exercise of its powers should quash the interim order. Mr. Mishra submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case. Mr. Venugopal relied upon, what he called, Title Deeds bearing Numbers 2920 in respect of 1.53 acres and 2921 in respect of 27.4 acres. The two grants are identically worded. Thus it is sufficient to reproduce Grant number 2920 which reads as follows: NO.2920 Title deed granted to the Manager for the time being of Nandanavanam at Tirupati and Tirumala. 1. By order of the Governor in council of Madras acting on behalf of the Secretary of State for India in Council, I acknowledge your title to a Devadayam of Nandanavanam Inam consisting of the right to the Government Revenue on land claimed to be (one) 1.53 acres of dry and situated in the village of Tirumala, Taluk of Chandragiri, District of North Arcot and held for the support of Venkateswara Swamy Pagoda in the village. 2. This Inam is confirmed to you and your successors tax-free to the held without interference as long as the conditions of the grant duly fulfilled. Sd/- Inam Commissioner He submitted that these grants are in favour of the manager and are a gift to the temple. He submitted that these were granted as far back as 9th August, 1882. He submitted that on 21st April 1960 a patta was granted to the Devasthanam un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . No. 4/1993 and 1752 of 1987 in the first Thallappaka case reported in 1993 (1) Andhra Law Times 293. He relied on this Judgment and pointed out that on consideration of Section 3, 4(1), 7 14(A) of the said Act, it is held that as per the Inam's Fair Register the legal title was that of Respondents and not Appellants. He submitted that the said decision has finally settled the question of title and rights as a rayat. Mr. Mishra pointed out the plaint in the suit now filed by the Appellants that there was no plea of misrepresentation, fraud or collusion in this suit. He pointed out that even in answer to the writ petitions filed by the Respondents, the Appellants had not taken up a contention that the earlier findings were obtained by misrepresentation, fraud or collusion. He pointed out that even in this Civil Appeal there is no ground that there had been any misrepresentation, fraud or collusion in obtaining the earlier decision. He submitted that thus the express bar to the suit, as provided under Section 14 of the said Act, willfully apply. He submitted that the High Court, in the impugned Judgment, has rightly held so. Mr. Mishra submitted that the Suit is also barred on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the temple. Mr. Mishra submitted that in view of the above noted facts the High Court's Judgment is correct in law. Mr. Mishra submitted that Section 2 A of the said Act has to be read with Section 4(1) and 7 of the Act. While communal lands would vest in the Government other village lands in possession of the inamdar shall remain with him and he would be entitled to Ryotwari Patta. We see no reason to express any opinion on the rival submissions. Were we to express any opinion we would be committing the same mistake that the High Court has committed viz usurping the jurisdiction of the civil Court to decide these questions. We therefore express no opinion on merits. In view of what is set out herein above we set aside the impugned Judgment to the extent that it prohibits the civil Court from proceeding with Suit 69 of 1995. We direct the civil Court to frame and decide, as expeditiously as possible and in any case within six months from today, preliminary issues as to maintainability of the suit in view of Section 14 of the said Act and whether the suit is barred on principles of res judicata/estoppel. We are in agreement with the observations of the High Court that grant of P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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