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Madras High CourtCRP/1592/2025allowed

Senthamarai v. K.Balan

2025-04-17Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Senthamarai ... Petitioner Vs.

1.K.balan 2.B.Nagarathinum 3.B.Loganathan 4.M.Latha 5.M.Meena 6.B.Selvakumar 7.B.Karthikeyan ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order of rejection of M.P.S.R.No.13501 of 2025 in R.C.O.P.No.1655 of 2016 on the file of learned XI Judge, Court of Small Causes, Chennai, dated 21.03.2025.

For Petitioner : Mr.T.S.Rajamohan 1/4

ORDER

Challenging the order rejecting M.P.SR.No.13501/2025 in RCOP.No.1655/2016, without numbering the same, the petitioner is before this Court.

2. A perusal of the operative portion of the order would indicate that the said application in MPSR.No.13501/2025 has been rejected on the ground that the petitioner has not deposited the rents. The very premise on which the application has been rejected is erroneous since the petitioner has been remitting the rents into the Court and thereafter, with the orders from the Court, the amounts are directly remitted to the owners, all of which are borne out by records.

3. The learned Judge has exceeded his jurisdiction while rejecting the said MP.SR which has been filed to re-open the evidence of the land owners. The learned Judge has failed to appreciate that while numbering the application, the Court cannot don its judicial cap as it is only dealing with the petition on the administrative side. That apart, the basis on which the 2/4

petition has been rejected is flawed.

4. To conclude, the civil revision petition is allowed and the order of the learned XI Judge, Court of Small Causes, Chennai, dated 21.03.2025 in rejecting MP.SR.No.13501/2025 in RCOP.No.1655/2016 is set aside. The learned XI Judge, Court of Small Causes, Chennai, is directed to number MP.SR.No.13501/2025. No costs. Consequently, connected miscellaneous petition is closed.

17.04.2025 Index : Yes / No ds To:

1.The Judge XI Judge, Court of Small Causes, Chennai.

2.The Section Officer VR Section, High Court, Madras.

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P.T. ASHA, J, ds 17.04.2025 4/4