Arulraj v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P.Nos.3936 & 3937 of 2019 and C.M.P. Nos.25982 & 25978 of 2019 C.R.P.No.3936 of 2019 Arulraj ... Petitioner Vs 1.The State of Tamil Nadu Represented by District Collector, Salem.
2.The Tahsildar, Mettur Dam, Salem District.
3.The Village Administrative Officer, Avadathur Village, Mettur Dam, Salem District.
4.The District Registrar, District Registration OFfice, District Collectorate, Salem.
5.The Sub Registrar, Sub Registrar Office, Jalakandapuram, Mettur Dam, Salem District. ... Respondents For Petitioner : Mr.A.Sundara Vadhanan Page No: 1/8
For Respondents : Mr.B.Tamil Nidhi Additional Government Pleader (CS) C.R.P.No.3937 of 2019 Arulraj ... Petitioner Vs 1.P.G.Rajan 2.G.Vijayakumar 3.The State of Tamil Nadu Represented by District Collector, Salem.
4.The Tahsildar, Mettur Dam, Salem District.
5.The Village Administrative Officer, Avadathur Village, Mettur Dam, Salem District.
6.The District Registrar, District Registration OFfice, District Collectorate, Salem.
7.The Sub Registrar, Sub Registrar Office, Jalakandapuram, Mettur Dam, Salem District.
... Respondents COMMON PRAYER:-Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to under Article 227 of the Constitution of India against the common fair and decreetal order dated 23.10.2019 passed in I.A.Diary No.85 & 86 of 2019 in O.S.No.139 of 2018 Page No: 2/8
respectively on the file of the learned Additional District Court, Mettur. For Petitioner : Mr.A.Sundaravadhanan For Respondents : Ms.S.Nandhini Devi for R1 & R2 Mr.B.Tamil Nidhi for R3 to R7 Additional Government Pleader (CS) COMMON ORDER These Civil Revision Petitions have been filed against the order on repeated returns made in I.A.Diary Nos.85 & 86 of 2019 in O.S.No.139 of 2015 on the file of the learned District Munsif Court, Mettur. 2.
The plaintiff is the Civil Revision Petitioner. The plaintiff sought for relief of declaration and other prohibitory reliefs. It was the stand of the defendant that for the suit schedule mentioned property, a patta had been granted. Thereafter, an application was filed to implead the State Authorities as well as to dispense with Section 80 C.P.C. notice. The said application has been repeatedly returned from 15.06.2019 to 23.10.2019.
3.
Heard Mr.A.Sundaravadhanan, learned counsel for the Page No: 3/8
petitioner and M/s.Nandhini Devi, learned counsel for the contesting respondents 1 and 2 and Mr.Tamilnidhi, learned Additional Government Pleader for the Government.
4.
It had been settled by the judgment of this Court in Selvaraj and Others Vs. Koodankulam Nuclear Power Plant India Limited, Rep. through its Project Director" reported in (2021) 5 MLJ 467 that the Court should not repeatedly return the matter without numbering the applications. This Court has made a fine distinction between the ministerial acts and the judicial acts.
5.
A perusal of the returns found at Pg.No.24 of the typed set of papers, dated 15.06.2019, shows that these are not the returns which are capable of correction at the level of the ministerial staffs. Questions relating to dispensing with Section 80 C.P.C. notice etc., are matters which have to be gone into by the Court, after numbering the application. 6.
Ms.Nandhini, learned counsel wanted me to enter into the Page No: 4/8
merits of the dispute and give a finding whether pending the suit, the Government can be impleaded, dispensing with Section 80 C.P.C. notice. These are the matters which she necessarily has to agitate before the trial Court. At the stage of numbering of the petitions, such objections do not arise. Following Selvaraj's case, both the Revisions are allowed. The learned Additional District Munsif Court, Mettur is directed to number the I.A.Diary.No.85 & 86 of 2019 and thereafter, decide on merits of the application after hearing the Government as well as the contesting respondents.
7.
With the above directions, these Civil Revision Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.
26.09.2023 gba Index: Yes/ No Speaking order: Yes/ No Page No: 5/8
Note to Office:- The original I.A.SR.Nos.85 & 86 of 2019 have been filed before this Court. After obtaining usual endorsements, the original I.A. petitions shall be returned to the counsel for the petitioners. Page No: 6/8
To The Additional District Court, Mettur.
Page No: 7/8
V. LAKSHMINARAYANAN,J.
Gba C.R.P.Nos.3936 & 3937 of 2019 and C.M.P. Nos.25982 & 25978 of 2019 26.09.2023 Page No: 8/8