Litigants suffer as courts refuse to claim jurisdiction

The nine villages include Sethuvandai, Kil Alathur, Nagal, Veppur, Pasumathur, PK Puram, Netteri, Kavanur and Devarishikuppam, all of which are located near the Gudiyattam combined court building. According to K Mohan, a leading lawyer in Gudiyattam, when the District Munsif Court (DMC) was established in Gudiyattam in 1982, the control of the nine villages was given to the Gudiyattam East Firka. Hence, they were brought under the jurisdiction of the Gudiyattam Sub Court which exercises original and appellate jurisdiction over them.

However, in 1998, the State government created Katpadi taluk and the nine villages were transferred from Gudiyattam East Firka to the KV Kuppam Firka. Once the Katpadi DMC was formed, the nine villages were brought under its jurisdiction and the Vellore Sub Court which exercised original and appellate jurisdiction over them.

In 2016, the government acceding to public demand, created the new Pernambut taluk, 20 kilometres away from Gudiyattam town.

The nine villages were once again transferred from the KV Kuppam Firka to Gudiyattam East Firka.

“Though the Katpadi DMC and the Vellore Sub Court ceased to have jurisdiction over the nine villages following their attachment to the Gudiyattam East Firka and should not entertain fresh suits or conduct pending cases this did not happen” Mohan adds.

Confusion ensued for the last three years as no proceedings were issued by the Vellore Principal District Judge (PDJ) to transfer all pending cases from the Katpadi court to the Gudiyattam Court.

“This has resulted in the Katpadi DMC refuse to entertain cases from the nine villages citing that they were out of his jurisdiction while the Gudiyattam DMC refused to take cases on the ground that the Vellore PDJ has not issued proceedings regarding the shift till date,” a Gudiyattam Bar Association member said on the condition of anonymity. This has resulted in the residents from the nine village to travel 30 kilometres to the Katpadi DMC and 40 kilometres to the Vellore Sub Court. “Though the Gudiyattam Bar Association passed resolutions and repeatedly informed the Vellore PDJ during the latter’s annual inspection for last three years, nothing has happened till now and litigants continue to suffer,” Mohan added.

Mohan has now moved a RTI petition to find out which court actually exercises jurisdiction over the nine villages.