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Dr. Chandran Peechulli, Ph.D; FIE (Editor & Publisher Chief Engineer(Retd.) GM(T))     15 October 2011

Need for better regulatory mechanism, in the administration

 

 Need for better regulatory mechanism, in the administration of Law in our country, to instill fairness and justice in courts irrespective of the class of courts whether Lower or Higher Court. Re-piling-up of cases and dragged delays with unreasonable adjournments, liberal to the influenced and the mighty making the innocent litigant to suffer and give up.

Asked by: Dr. Chandran Peechulli, Ph.D; MBA; FIE(India) 0 views e.g. O.S. 341/2004 with Bangalore City Civil Court. Land-grabbing case. Self, in 1983., purchased 2 plots of the 32 plots formed in a layout of one acre and 20 Guntas

LAND GRABBING.  Detailed complaint in brief:e.g. Family PARTITION-SUIT O.S. 341/2004 with Bangalore City Civil - Court. Land-grabbing case. Self, purchased 2 plots for my two sons, of the 32 plots formed in a layout of one acre and 20 Guntas,in 1983. Signatories of Vendors to me were three members (Karthas for the ancestoral property) the grandsons of Sri. Eeraiah. No.1 Mr. Krishnappa son of Eeranna totally left out from the suit and the other two signatories 2. Mr. Tamayanna and 3. Mr. Eranna (No.2 & 3 are sons of Sri.Kempiah-these two parties though made a party, not attending the court but for submitting the vakalat by their advocate. Suppression of unlawful Act. No objection nor evidence filed till todate by member No.2 or 3. 

Please note SELF P.K.Chandran alone made a party in their Family Partition Suit O.S.341/ 2004, amongst the 32 plot owners, self discriminated being a non-local, since residing in Chennai port City, having taken subsequent profession at sea, in the merchant navy, as a bread-winner to my wife and two young sons and my parents. O.S.341/2004, Family Partition- Suit by the appellant, was to harass and humiliate. After 21 long years, younger relative members of vendors family (miscreants) goons taking law into their hands, owing to the increased land-prices (caused by modernisation of urban land by highways, bridges, and bye-pass roads), RAMA and LAXMANA, twins (miscreants) encroached my land and removed the barbed wire fencing connected to the stone pillars erected on the boundary line, by putting  up a KATCHA SHED on my land to knock of my hard-earned property of mine, an ex-serviceman( who once came forward to join the Indian Army to lay his life for safeguarding the nation from external threats). Promptly, reported to all Civil Authorities of Law & Order and Bangalore City Police Commissioner who referred me to the then Police IGP, Bangalore Rural, Sri Rabindranath Tagore, I.P.S., who arranged to chase the encroachers who were erecting a KATCHA SHED, which was left in incomplete condition, thereby advising me to approach the CIVIL COURT for justice, hence the suit O.S.365/2004, filed by me, against miscreants. The numbering of my case-file was deliberately delayed, shunting me to CHENNAI to bring and submit all the original land documents to the C.C.C. (City Civil Court) Bangalore, for accepting my case submitted, in the Junior Division Rural, hence the case delayed and numbered as O.S.365/2004. While, in the meanwhile, miscreants filed a partition-suit which was earlier numbered as (O.S.341/2004) in Sr.Divn. of Bangalore C.C.C. Heartlessly and mercilessly my case filed O.S.365/2004 was dismissed twice saying they (miscreants) are in possession "though in forceful possession illegally", speaks of the poor Law and Order and my plight for fairness,and justice.  The truth falsified in favour of the miscreants, hence criminals are encouraged to grow in our country.

With the money and muscle-power, the miscreants went ahead in converting the katcha-shed, as a residential  with ventilation opening and fitting window, and obtaining electrical connection during the pendency of the case and stus quo, which is a violation of court-order and contempt of court. Forcefully occupying illegally thereafter. Threatened the neighbourhood not to support or cooperate with me(resident of chennai) with the result even the neighbour who signed the registered Sale Deed as my witness, was warned of dire consequence if he stands as witness and hence over the telephone conveyed his plight since his daughters and son may be harmed, therefore he keeping aloof without appearing as witness in my favour, to my case O.S.365/2004. 

In 1983, I have paid the full sales consideration to the vendors directly, as they were illiterate they had engaged a local medical practitioner(Dr. Narasimhamurthy), to assist the vendors in interpreting Kannada language into English language to those prospective buyers, who were not proficient in Kannada. I am in legal- possession, by virtue of irrevocable GPA and Affidavit (for the delivery of possession transferred to me), same as those of others who purchased in 1983, while registration were stopped. Why this awakening after 21 long years by the youngsters in the family of Mr. Kempiah, who were minors in 1983.

Heartlessly and mercilessly the case O.S.341/2004, with Senior Division,Bangalore  (Rural), City Civil Court adjourned on 14th October 2011 to 24th November 2011. The Honourable Court have not taken into consideration, the hurt sentiments of an aggrieved ex-serviceman and senior citizen aged 64 years old, coming to attend court from Chennai to Bangalore and back, since the year 2004, Now, 8th year, incurring time, effort and money during my retired life, for no fault of mine.  Are there a human soul in our country, to come to my rescue and instill justice of mankind, for the cleansing of the existing system.

 

Dr. Chandran Peechulli, Ph.D ; D.Sc., F I E  (India), Pg.DIMS(UK), Pg.DTED, MSNAME(US), Fellow - Institution of  Engineers (India), Indian Institution of Plant Engineers & Ex. Vice Chairman TN Chapter,  Life Member &Ex.Executive Member-Indian Institute of Standards Engineer T N Chapter, Indian Institute of Occupational Health, Ex. Chief Engineer (Marine) & General Manager (Tech),Consultant- CeeCee Industrial & Marine Mgt. Consultants, pkc484@yahoo.com, 



Learning

 6 Replies

Dr. Chandran Peechulli, Ph.D; FIE (Editor & Publisher Chief Engineer(Retd.) GM(T))     17 October 2011

 

Everything is said and documented in the Code of Judicial Conduct but who is to check as to whether the said is put into practice. Has the Government earmarked someone to keep a check for its implementation?  Hence, Every enlightened citizen in the local region, practically coming up, as the Rights & Social- Activist locally, as a citizen's right, should put forward in the common interest, to the Local and Corporate Centres for their attention, to improve the citizen and instil fairness, truth and justice, through the Parliament or Lokpal. Dr. Chandran Peechulli, Ph.D ; D.Sc., F I E  (India), F.I.I.P.E., M.S.E.I., Pg.DIMS(UK), Pg.DTED, MSNAME(US), Fellow - Institution of  Engineers (India), Indian Institution of Plant Engineers & Ex. Vice Chairman TN Chapter,  Life Member &Ex.Executive Member-Indian Institute of Standards Engineer T N Chapter, Indian Institute of Occupational Health, Mg.Editor& Publisher - “Marine Waves” international maritime newsletter. Corporate-Member-Chennai Press Club.  Ex. Chief Engineer (Marine) & General Manager (Tech),Consultant- CeeCee Industrial & Marine Mgt. Consultants, pkc484@yahoo.com, seafarersman@indiatimes.com  Address: M107-5, 29th Cross Street, Besant Nagar, Chennai-600090. 044+42018982.

Anand k (Professor)     18 October 2011

 

> Anand K                                                                                        Dtd 4th Oct.,2011.
> File no. = MA2061324974311
>
> To 
> The Passport Officer,
> Haddowas Road-Nungambakkam,
> Chennai.

>
>                             Sub = Requesting to change the system, followed in PSK-chennai.

>
> Respected Sir,

>
> I had a visit to the PSK-office, in Aminjikarai on 3rd Oct 2011., to apply for a Fresh passport. I am 51 yrs old and I was asked to wait for one hour for the entry. I was allowed at 1300hrs inside the reception and there are two counters. One for the token and another for the enquiry. They checked all my documents and gave me the Token No.46 along with the file and was requested to enter the main Hall and was waiting for 30 minuts.
> Then I was asked to enter ” –A-Hall “and was directed to –A-8-counter for checking the documents and the photocopies of all my certificates. Then the counter lady took my photographs and biometrics-finger prints. After which I was asked to pay Rs.1000/- ( Rupees one thousand)., for which they gave the receipt for a fresh application.

>
> Then I was asked to enter “B-Hall and wait”. There was a very big crowd and I was waiting for nearly 2hours.  Then I was asked to go to “B-2” counter. Again as in the beginning I was asked to submit all the documents and photocopies for verification. 

>  “B-2” counter lady checked and my application was rejected for want of school leaving certificate. When I told her that I carried only MA degree and TC-given by Annamalai University. She did not listen to me but was very adamant and said all the certificates I carried are not valid and she needs only my school leaving certificate. Usually in all the Govt office they check , (Age and address proof which can be verified thro )= 1. Driving licence  2. Voters ID card 3. Bank pass book and TC of higher degree obtained.  But the way that “B-2” counter lady behaved was ridiculous and whimsical. I found that She behaves very badly with all the elders who approach that counter. Customer relationship is lost and I find Indians going against Indians.

>
> There is  one more Hall called “C-Hall” where again they check once again all the documents. And say –yes- your application will be sent to Head Office.
> I feel the total system is up-side down.

> In fact they should scrutinize all the documents in Hall A and B Hall and then should collect the fees from the applicant in the final Hall-C.

>
> I humbly request the Higher authorities to Change the existing system and follow the Old system which was adopted in the Haddows Road head office. There they check all the documents and then  we are asked to  pay the respective amount

> .
> Also I request The higher authorities to give instructions not to harass elderly people like me. And it is not possible for those elders to bring the old records and they should have consideration to accept the available documents for the age and address.

>
> One more thing which I found was that The Post and Telegraph dept has come out with ID for address , which again not considered has important documents by the Govt officials. The Govt officials should see that it is recognized by all the govt and other departments, so that it can be used as an important authoritative documents by the candidate.
> I would like to know whether the applicant can take the money back when the application for fresh passport was rejected. Will the department pay us back since our application got rejected

Anand k (Professor)     18 October 2011

Chandran Peechulli Peechulli commented on his Wall post.

Chandran Peechulli wrote: "Is this people-friendly customer-service to Indian citizen, by opening more passport centers? by the Govt. of India. Do we have to accept this as improved passport-service to the people of India, from our Ministry of External Affairs? While alternative original documents could be accepted as in other Govt. Dept., why was he harassed and humiliated by delaying him in the said office not valuing his (one's) precious TIME of a life cycle, when such learned person could contribute productively for himself and to the nation as well. Mutual understanding and consideration is very vital than building hatred. * GOVERNMENT SERVICE to be for those who really want to serve the people. Such thought, should have been very well taken into consideration, in the mindset of the Govt. Authority/ Official, while offloading Business Process to private party(TCS) by OUTSOURCING. Being self-centered, with a monopolistic work-style attitude would do no good. Has to vanish, to bring a good image of Govt. Depts.. All Govt. Depts. should have a clear mindset to serve the people, if so, such deficiency in service would not have happened in the services rendered to the public. LET US BUILD A STRONG INDIA BY BEING UNITED, with our good thoughts(mind)and body, so that our neighbour countries do not take our country lightly, create better image abroad

Anand k (Professor)     20 October 2011

“Jaya's supposedly disproportionate assets are peanuts compared to what Mr. Karunanidhi and his family have amassed in the last 5 years. It pains me to know that he is sitting without any cases on him. All of them are corrupt. I would take a CM who at least works for the welfare of the state. Karuna did nothing but amass wealth to the tune of thousands of crores in the last 5 years.”
I dont know who wrote the above para. But it is real worth to understand our countries present economical position and fraudulence. Our TN  Amma should have been given consideration to face further court proceedings in Tamil Nadu for Amma is a Senior citizen of our country and holding a high post in TN and  keeping in view Amma"s health condition. This is my request and I hope the seniors will not consider my statements has " contempt of Court". Thanks

Dr. Chandran Peechulli, Ph.D; FIE (Editor & Publisher Chief Engineer(Retd.) GM(T))     22 October 2011

Justice Delayed is Justice Denied. No man is above the law and no man is below it: nor do we ask any man's permission when we ask him to obey it. Theodore Roosevelt. Rightly said, courts be sacred, be unbiased, view and understand truth, to give justice. All courts within the state be governed by the High Courts and ultimately by the apex court, watch genuine cases in other states, where injustice caused be under observation by i.e. "Supreme Court of India" Courts should be sensitive to the litigants practical grievances, for giving true justice e.g. O.S.341/2004. I have been wrongly made a party in the family partition suit * just because this ex-serviceman purchaser not being a local while the other 30 land plot purchasers have been left out, of the 32 plot layout formed in 1983. By which, I have been harassed and humiliated attending court from Chennai to Bangalore and back. The young miscreants of the vendor's family after 21 long years, who took law into their hands by encroaching my fenced land by encroaching and pulling out the stone-pillars and the connected barbed wires and black-mailing me. Instead of punishing for their crimes they are encouraged. Where is the justice in this country, as there is no watchdog for court operations. Please help for a viable solution. A LAWYER is a noble profession only if advocates have to strive to secure justice for their clients within legally permissible limits, with out colluding with their advocate colleagues(not considering colleagues to remain in the corridors of the courts but for considering their clients to be merely their guests). By this, sanctity of the courts are being lost, besides injustice caused to innocent, honest and law abiding citizens through the mighty and the influenced. Let us raise our hopes that justice prevails in courts and the Law and Administration of the country.

Dr. Chandran Peechulli, Ph.D; FIE (Editor & Publisher Chief Engineer(Retd.) GM(T))     23 October 2011

 

Laws are meant to restrain citizens from committing crimes and harming other people without getting punished.

*Laws must apply equally to all citizens and discrimination of citizens in the eyes of law on any basis in not only unconstitutional but also inhuman in nature. Competitiveness comes by, first being disciplined,  "Alert and Active" to things around, with an urge to excel by absorbing the relevant good, you see, hear and feel for the best and  taking the right pathway, towards a pursuit to excellence. Media should be unbiased and should follow high standards of professional ethics and code of conduct, NOT as a mere messenger or to misguide the common people, to be carried away with wrong messages, but for correcting themselves of their inherent flaws in the system.  Primarily, the advocate engaged should view the client’s interest but for colluding with the opposite advocate and betray with a wrong motive. Further, the jury in the honourable lower courts do object to our ‘expressing our grievances’ but for permitting the counsel alone to speak. If when asked, advocate replies that the clients keep coming and going but he has to remain with his advocate colleagues / mates, while in legal practice, in the courts.  As a client I have felt that an advocate handles many clients for his survival, hardly observes 60% of the client’s grievances while handling many clients. When the judiciary is held esteem, the litigant be also allowed to express, if the Counsel has missed out  some important salient points to the case. Can the Advocates in their professional life, not swear an oath, to be HONEST and work with INTEGRITY, in the Vakalatnama form, as a part of the Professional Code of Advocate’s Conduct and Ethics?  More particularly, Lawyers in the profession have to attend to many clients for whom they are engaged, hence how much does the lawyer remember, from what is told and how much he absorbs of the total to the suffering litigant. Hence, the aggrieved client is given the opportunity to express his real grievances to instil fairness and justice in the court-hall. "Great  acts are made up of small good deeds."  "Refuse to bend" and stop promoting corrupt practices through short-cuts, the other person to indulge with others in unscrupulous practices. First let’s wake up and start demanding our rights. The business houses and the politicians are the beneficiaries and generally the middle class are the sheep. We have to tell them that we are paying them to protect us, not  to kill us; It’s is our tax money from which they get paid and therefore demand them to be honest.  A LAWYER is a noble profession only when advocates strive to secure justice for their clients within legally permissible limits. R.N. Sharma Advocate v. state of Haryana , 2003 (3) RCR (Cri) 166 (P&H). A CASE STUDY: Forcefully getting papers signed in court-hall. O.S.365/2004 Bangalore. During cross-examination, The respondents advocate questioned me as to whether my land is in my possession. I said I am here because the respondents have encroached and pulled out the fencing(erected stone-pillars, distance apart on the boundary line connected with barbed wires) and thereby erecting a katcha shed and black-mailing me. Reported to Civil and Police authorities, who chased the miscreants in the semi-finished state of the katcha shed. The land grabber’s advocate said arrogantly that the court needs an answer YES or NO from me, then said it is forceful possession by them. He then again said YES or NO and hence was constrained to say YES in their possession. It was in the late hours of the afternoon session, after the day’s proceedings the court bench clerk came to me to sign the papers when I said I do not know what was dictated and what the court steno has typed, when the court bench clerk insisted for my signature, otherwise forcefully, he then said your advocate can obtain the copy later and give me, but the judge is waiting. No time for me to read and sign the papers.  Hence, signed the papers, later known that the case was dismissed because I said that the land is in their possession, when the registered documents are in my name and they have no papers to substantiate their ownership. Miscreants, who encroached, pulled out the fencing and erected a katcha shed in my land and occupied, were not punished for their wrongful act.  Forceful signatures are obtained when one is weak and meek.  


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