Mr. John Mantosh v. Mrs. Mary Amm Mukherjee And ORS.

05.02.2024 Sl. No.17(ML) srm C.O. No. 284 of 2024 Mr. John Mantosh

Versus

Mrs. Mary Ann Mukherjee & Ors.

Mr. Saptansu Basu, Sr. Advocate Ms. S. R. Das, Mr. Amritlal Chatterjee ...for the Petitioner.

Mr. Bhudeb Chatterjee, Mr. Sailesh Mishra ...for the Opposite Party Nos.1 to 4.

The defendant No.7 in Title Suit No.1606 of 2023 which is pending before the learned Civil Judge (Senior Division), 1st Court at Alipore, South 24-Parganas, has filed this revisional application. The order by which the learned court permitted CCTV cameras to be installed in the suit property, is under challenge.

This Court finds from the order impugned, that the learned court, was of the view due to safety and security of the people residing in the suit property, CCTV cameras at common areas, with police help should be permitted to be installed, with access to the DVR to all the parties. Mr. Basu, learned Senior Advocate appearing on behalf of the petitioner submits that although the petitioner has been

impleaded as a proforma defendant in the suit, the suit is between the siblings. With the installation of the cameras, the petitioner's privacy has been jeopardised. The cameras point towards the bedroom and the kitchen.

This Court does not find any perversity in the order impugned. However, in case the CCTV cameras have been installed in such a way that they point towards the bedroom, kitchen and the personal area under the occupation of the petitioner, such cameras should be repositioned. The petitioner is granted liberty to approach the learned court below for appointment of a learned Advocate, who will cause a local inspection, in the presence of the parties. If it is found that the CCTV cameras have been positioned in a way that they point towards the living area, the kitchen and the bedroom, etc. of the petitioner, the CCTV cameras shall be removed and reinstalled. The cost of such inspection and exercise shall be borne by the petitioner. The DVR shall be accessible to all.

The application shall be filed by the petitioner within a week from date, upon service of the same upon the contesting parties. The learned court shall pass necessary orders, as directed hereinabove, within a week from the date of filing of

the same and the entire exercise, as directed, shall be completed, within a month.

The revisional application is, thus, disposed of. There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)