P.Subramaniam v. The Assistant Settlement Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

1. P.Subramaniam

2. S.Makesh

3. S.Mohanraj ..Petitioner(s) Vs

1. The Assistant Settlement Officer, O/O.Directorate of Land and Survey, Chepauk, Chennai 600 005

2. The Executive Officer/Fit Person Arulmigu Perumpanai Varatharaja Perumal Temple, Kovil Vazhi, Muthuanampalayam Village, South Taluk Tiruppur, Tiruppur District

3. C.Deivasigamani

4. Puspham

5. Savithri

6. Dhanapal

7. Nirmaladevi

8. Eswari

9. Venkatachalam 10.K.Kavitha 11.R.Shanthi

..Respondent(s) The Civil Revision Petition is filed under Article 227 of the Constitution of India to issue a direction directing the Honourable Minor Inams Tribunal at Tiruppur to number the IA.CFR.No.1251/2021 in CMA No.429/1969 within a time bound manner and thus render justice.

For Petitioner(s):

Mr.K.Myilsamy

ORDER

Heard Mr.K.Myilsamy, learned counsel for the petitioner.

2. The petitioners are aggrieved by the order of return of the miscellaneous petition filed by the petitioners in CMA.No.429 of 1969 before the Minor Inams Appellate Tribunal (Principal Subordinate Judge, Tirupur). The grievance of the petitioner is that they are third parties in CMA and the question of limitation cannot be put against them, especially when wrong provision of law has been invoked to non-suit the interest of the petitioners.

3. Be that as it may, I find from the latest return dated 21.01.2026 that the petition has only been returned for representation and proper compliance and the same has not been rejected. At the same time, this Court is mindful of the direction issued by this Court in Selvaraj vs. Koodankulam Nuclear Power Plant India, reported in 2021 4 CTC 539, where this Court held that at the stage

of institution of application, the Court only performs the ministerial function and not the judicial function and therefore, cannot conduct any roving enquiry at this stage.

4. In the light of the above, the Civil Revision Petition is allowed with a direction to the petitioners to represent the application in IA.CFR.No.1251 of 2021 within a period of two weeks from the date of receipt of the originals from the Registry of this Court and thereafter, the learned Principal Sub Court, Tiruppur shall hear the petitioners on the maintainability of the application and pass orders on merits. Accordingly, this Civil Revision Petition is allowed. No costs.

5. The Registry shall return the originals of IA.CFR.No.1251 of 2021 to the learned counsel for the petitioners after getting acknowledgment within a period of one week from the date of the order being uploaded in the website. 16-02-2026 Index: Yes/No Speaking/Non-speaking order PVS

To

1. The Assistant Settlement Officer O/O. Directorate of Land and Survey, Chepauk, Chennai 600 005

2. The Executive Officer/Fit Person Arulmigu Perumpanai Varatharaja Perumal Temple Kovil Vazhi, Muthuanampalayam Village South Taluk Tiruppur Tiruppur District

P.B.BALAJI, J.

PVS 16-02-2026