R.Jothikrishnan v. State Of Tamil Nadu And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 8th DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE A.No.3893 of 2021 and A.No.886 of 2020 in C.S. No.13 of 2020 A.No.886 of 2020 and A.No.3893 of 2021:
R.Jothikrishnan, S/o.Late Dr.Rajendran, No.10/1, Bakthavachalam Street, Koyambedu, Chennai-600 107.
..Applicant/Plaintiff -Versus1.State of Tamil Nadu, Represented by its Secretary to Government, Highways and Minor Ports Department, Fort St. George, Chennai 600 009.
2.The District Collector, Chennai District, Chennai.
3.The Special Tahsildar, Aminjikarai Division, Chennai District, Chennai 600 029.
4.The Divisional Engineer (Highways), Chennai Metropolitan City Development Project, Division IV, Chennai 600 016.
5.The Divisional Engineer (Highways), Construction and Maintenance, Chennai City Major Roads SH-2, Chennai 600 015.
6.The Assistant Divisional Engineer, State Highways Construction and Maintenance, Highway Roads Sub ~: Division, Chennai City Major Roads, SH-2, Chennai600 015.
..Respondents/Defendants A.No.886 of 2020:
Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner for inspecting the suit property and demarcate 150 sq. mt in T.S.No.121/1 and also identify the remaining extent in 2235 sq.ft with the assistance of Town Surveyor and other revenue records.
A.No.3893 of 2021:
Application praying that this Hon'ble Court be pleased to receive additional documents set out in the schedule to the petition as additional evidence in the above suit.
These Applications coming on this day before this Court, for hearing, the Court made the following order:
This Application has been filed to receive additional documents set out in Schedule to Judge's Summons as additional evidence in the Suit.
2. The details of the documents are as follows : S.
No.
Date Description Remarks 1.
13.12.1939 Sale Deed executed in favour of P.Bakthavatchala Naidu registered as Doc.No.1824/ 1939 in SRO, Saidapet along with clean copy Copy 2.
05.10.1944 Sale Deed executed in favour of P.Bakthavatchala Naidu registered as Doc.No.1865/1944 in SRO, Saidapet along with clean copy.
Copy 3.
30.12.1967 Sale Deed executed in favour of P.Bakthavatchala Naidu registered as Doc.No.4890/1967 in SRO, Saidapet along with clean copy.
Copy 4.
Plan showing proposed Kanagasabhai Colony.
Copy 5.
18.04.1974 Encumbrance Certificate for S.No.121, Plot No.2 for the period of 01.01.1961 to 31.05.1968 Copy 6.
18.04.1974 Encumbrance Certificate for S.No.121, Plot No.2 for the period of 01.01.1968 to 17.04.1974 Copy 7.
April 1974 Proceeding of panchayat Union Commission, Villivakkam, Ambattur, Madras.
Copy 8.
06.11.1975 Encumbrance Certificate for S. No.121, Plot No.2 for the period of 18.04.1974 to 12.11.1975.
Copy 9.
February Plan showing proposed additions to the existing dwelling building at Plot No.2 Kanagasabhai Colony.
Copy 10.
12.01.1990 Death Certificate of Mr. Rajendran Copy
11. 18.07.2003 Encumbrance Certificate for S. No.121, Plot No.2 for the period of 01.01.1983 to 31.12.1986.
Copy 12.
18.07.2003 Encumbrance Certificate for S.No.121, Plot No.2 for the period of 01.01.1987 to 17.07.2003.
Copy
S.
No.
Date Description Remarks 13.
27.11.2003 Plan showing proposed demolition and reconstruction of residential building at Plot No.2 Kanagasabhai Colony.
Copy 14.
05.02.2004 Building Approval issued by Chennai Corporation for at Plot No.2 Kanagasabhai Colony.
Copy 15.
26.04.2015 Death Certificate of Mrs. Kokilambal Copy
16. 25.06.2015 Legal heir Certificate of Mrs.Kokilambal Copy 17.
02.08.2016 Town Survey Land Register for T.S. No.27 Block No.43 Copy 18.
02.08.2016 Town Survey Land Register for T.S. No.93/1 Block No.42 Copy 19.
02.08.2016 Town Survey Land Register for T.S. No.93/0 Block No.44 Copy 20.
29.12.2018 Town Survey Land Register for T.S. No.87/1 Block No.42 Copy 21.
12.12.2019 Encumbrance Certificate for S. No.121, Plot No.2 for the period of 01.01.2000 to 11.12.2019 Copy 22.
FMB Sketch of Field No.121 Village No.106 Copy 23.
Map Showing S.No.121 is adjacent to S.No.58/122/123/124 Copy 24.
05.03.2021 Water Tax Receipt issued by Chennai Metropolitan Water and Sewage Board Copy
25. 23.08.2020 Property Tax Receipt issued by Greater Chennai Corporation Copy 26.
28.10.2020 RTI enquiry sent by petitioner requesting copies of TSLR, Settlement records and Conversion records for S.No.121, T.S.
No.93.
Copy
3. According to the applicant/ plaintiff, from 1973 onwards the applicant/ plaintiff's predecessor in title and the applicant / plaintiff is in possession and enjoyment of the property continuously and openly to the
knowledge of the defendants even beyond the statutory period of limitation.
4. According to the applicant/ plaintiff, he has acquired possessory title of the suit schedule property. However, the same is disputed by the defendants as seen from the written statement filed by them in the Suit. As seen from the aforementioned documents, all are public documents which the applicant/ plaintiff seeks permission of this Court for reception of those documents as additional evidence. No prejudice will be caused to the defendants if the documents are received by this Court without prejudice to the rights and contentions of the defendants in the main suit.
5. Admittedly, issues have already been framed by this Court and the suit is ripe for Trial. The rights of the defendants will no way in prejudice the interest of the defendant, if this application is allowed as they have every right to cross examine the applicant/ plaintiff as regards the proof and relevancy of the documents which have been allowed to be received by this Court.
6. The suit has been filed by the applicant/ plaintiff for declaration that he is the absolute owner of the suit schedule property. While that be so, this Court is of the considered view that the documents which the applicant/ plaintiff seeks permission of this Court to receive additional documents as additional evidence will not prejudice the right of the defendants as the documents are all public documents. Accordingly, this application is
allowed as prayed for without prejudice to the rights and contentions of the defendants in the main suit.
7. Registry is directed to post the matter before the learned Additional Master - III for recording evidence.
8. The learned Government Advocate appearing for the respondents/ defendants would submit that the respondents have to file objections to the interim report of the Advocate Commissioner dated 25.09.2020. The respondents are permitted to file the same before the learned Additional Master - III and after recording the oral evidence of the respective parties, learned Additional Master - III is directed to post the matter before this Court.
9. Accordingly, A. No.3893 of 2021 is allowed. Sd./-A.Q.J 08.11.2021 //Certified to be true copy// Dated at Madras this the day of 2021. JJ 22/11/2021 COURT OFFICER(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.