S.P.K. Manickavasagam vs Special Tahsildar (L.A.)

Srinivasan, J.—The civil revision petition is taken up for hearing.

The order of the Court below is wholly unsustainable. This Court has directed the petitioner herein to withdraw the money by order dated

12.4.1990 in C.M.P. No. 3918 of 1990. The trial Court passed an order in 14.3.1991 directing issue of cheque to the petitioner. Then the trial

court passed a suo motu order on 26.4.1991 cancelling the said direction to issue cheque on the ground that it had received a telegram from the

petitioner''s advocate Thiru S. Mariappan and there is a petition pending in EANo.69 of 1991 for change of vakalat. Neither of the grounds is

sufficient to change the direction already given. At any rate, the court had no jurisdiction to suo motu pass an order cancelling the direction to issue

cheque. The earlier direction to issue cheque was made pursuant to the order of this Court permitting the petitioner to withdraw the amount. If the

petitioner''s advocate has got a claim as against the petitioner, he should have taken appropriate proceedings in a proper forum and obtained

appropriate orders preventing the petitioner from withdrawing the amount. In the absence of such orders, it is not open to the Court below to pass

a suo motu order of cancellation of the direction made earlier to issue cheque.

Hence, the order of the Court below dated 26.4.1991 made in E.A. No. 199 of 1990 is set aside and the Civil Revision Petition is allowed. The

Subordinate Judge, Sivaganga, is directed to issue cheque to the petitioner immediately for the amount due to the petitioner. No costs.