The District Collector And 2 Others v. Mrs.Kasthuri And 3 Others
IN TE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 04TH DAY OF OCTOBER 2019 THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM A.Nos.6560, 5821 and 5822 of 2019 in C.S.No.196 of 2014 ..Plaintiffs -Versus1.The District Collector, 2.The Tashildar, 3.The Assistant Commissioner, ..Defendants
A.No.6560 of 2019:
The District Collector, ..Applicant/1st Defendant -vs 5.The Tashildar, 6.The Assistant Commissioner, ..Respondents/ 2nd &3rd Defendants passed against the 1st Defendant in C.S.No.196 of 2014. A.No.5821/2019:
The Assistant Commissioner, ..Applicant/3rd Defendant
-vs5. The District Collector, 6.The Tashildar, ..Rspondent/1st and 2nd Defendant passed against the 3rd Defendant in C.S.No.196 of 2014. A.No.5822 of 2019:
The Tashildar, ..Applicant/2nd Defendant -Vs-
5.The District Collector, 6.The Assistant Commissioner, ..Respondents/ 1st & 3rd Defendants passed against the 2nd Defendant in C.S.No.196 of 2014. Thesei applications coming on this day before this Court for hearing the court made the following order: Application Nos.6560, 5821, 5822 of 2019 have been filed by the defendants 1 to 3 respectively to set aside the Ex-parte order dated 08.12.2014.
2. The respondents instituted C.S.No.196 of 2014 seeking declaration of title over the property and for consequential permanent injunction. According to the respondents, they are the owners of the suit property.
3. Mr.N.Manikandan, learned Government Advocate (CS) appearing on behalf of the applicants would submit that as per the records, one Mr.S.Kothandan was the owner of the land in S.No.83/3, 121/1 and 121/2 at Kolathur Village and the land was declared as urban land under the notification under Section 11(1) of the Urban Land Ceiling Act, by the third defendant on 13.06.1990. Hence, the respondents have
no right to claim title over the property.
4. The learned counsel for the respondents has filed a detailed counter and submitted that the applicants were served with suit summons in the year 2014 itself, but due to non-filing of the written statement, they were set exparte on 08.12.2014 and after lapse of 5 years, this application has been filed with delay of 1887 days in filing the written statement without any acceptable reason.
5. I am not able to agree with the learned counsel for the respondents for the reasons that the suit has been filed for declaration of title for permanent injunction. In view of the stand taken by the applicants/defendants, they should be given an opportunity to contest the suit. These applications are allowed accordingly.
Sd/.M.K.K.S.J.
04.10.2019 //Certified to be a true copy// Dated this the day of 2019.
Su/17.10.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.