Muru.Kalairajan v. Alagammal,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN C.R.P(PD)(MD).Nos. 1244 and 1245 of 2018 and CMP(MD).Nos.5258 and 5259 of 2018 1.Muru. Kalairajan 2.D. Sivabalan 3.P.Senthilnathan 4.J.Thamaraikannan 5.S.Sevarkodiyan 6.R.Pannerselvam 7.K.Jothilingam ... Petitioners in both CRPs Vs.

Alagammal ... 1st Respondent in CRP.No.1244/18 Malarvizhi ... 1st respondent in CRP.No.1245/18 2.The District Collector, Collectorate, 3.The Thasildar, 4.The Revenue Inspector, Kandadevi Sub Division, 5.The Village Administrative Officer, Kandadevi Village, .. Respondents 2 to 5 in both CRPs Prayer in CRP(MD).No.1244 of 2018: This Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records pertaining to the order and decreetal order dated 19.12.2017 in I.A.No.779 of 2017 in O.S.No.129 of 2016 passed by the learned District Munsif, Devakottai and set aside the same by allowing this Civil Revision Petition.

Prayer in CRP(MD).No.1245 of 2018: This Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records pertaining to the order and decreetal order dated 27.11.2017 in I.A.No.900 of 2017 in O.S.No.128 of 2016 passed by the learned District Munsif, Devakottai and set aside the same by allowing this Civil Revision Petition.

For Petitioners ... Mr.R. Rajamohan in both CRPs.

For Respondent Nos.2 to 5 ... M/s.V.P.M. Vaishnavi, Govt Advocate in both CRPs.

COMMON ORDER The C.R.P.(MD).No. 1244 of 2018 has been filed to call for the records pertaining to the order and decreetal order dated, 19.12.2017 in I.A.No.779 of 2017 in O.S.No.129 of 2016 by the learned District Munsif, Devakottai and set aside the same. The C.R.P.(MD).No. 1245 of 2018 has been filed to call for the records pertaining to the order and decreetal order, dated 27.11.2017 in I.A.No.900 of 2017 in O.S.No.128 of 2016 by the learned District Munsif, Devakottai and set aside the same.

2. The revision petitioners, who are the third parties, have filed Interlocutory Applications in I.A.Nos.779 and 900 of 2017 to implead them as a party defendants in the suits in O.S.Nos. 128 and 129 of 2016. The first respondent in both the Civil Revision Petitions have filed the said suits seeking to declare the notice issued under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, as null and void.

3. It is the case of the revision petitioners that they have filed W.P.(MD).No. 18029 of 2016, by way of Public Interest Litigation, before this Court. By virtue of the order passed in the said Writ Petition, the respondent Nos. 2 to 5, Government Authorities have taken action against the first respondent in both Civil Revision Petitions and issued notice under the Tamil Nadu Land Encroachment Act, which was challenged by them before the learned District Munsif, Devakottai in O.S.Nos. 128 and 129 of 2016.

4. Admittedly in the said Interlocutory Applications i.e in I.A.Nos.779 and 900 of 2017 in O.S.Nos. 128 and 129 of 2016, a separate ex parte order was passed, due to the non - appearance of the defendants in the suits viz., Government Authorities. The petitioners have filed the said applications to implead them as party defendants in the suits, which were dismissed by the learned

District Munsif, Devakkottai. Challenging the said orders, the petitioners have filed the present Civil Revision Petitions.

5. Heard Mr. R. Rajamohan, learned counsel appearing for the petitioners and Ms. V.P.M. Vaishnavai, learned Government Advocate appearing for the respondent Nos. 2 to 5.

6. Admittedly, the petitioners have no connection with the suits. Since the Government has failed to proceed with the suits, they wanted to be implead in the suits. The Court below has rightly dismissed both the Interlocutory Applications. However, considering the facts and circumstances of the case, without issuing notice to the first respondent in both the Civil Revision Petitions, I am inclined to pass the following order: (i) These Civil Revision Petitions are dismissed, confirming the order passed in I.A.Nos.779 and 900 of 2017 in O.S.Nos. 128 and 129 of 2016, on the file of the learned District Munsif, Devakottai.

(ii) The respondents 2 to 5, who are the original defendants in the suits, are hereby directed to take appropriate steps to set aside the ex parte order passed in O.S.Nos. 128 and 129 of 2016 and proceed with the case;

(iii) The District Collector, who is the second defendant in the suit, is hereby directed to issue suitable direction to the subordinate officers viz., the other defendants and to strictly follow the suit in O.S.Nos. 128 and 129 of 2016, on the file of the learned District Munsif, Devakottai.

(iv) No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Munsif, Devakottai.

2.The District Collector, Collectorate, 3.The Thasildar,

4.The Revenue Inspector, Kandadevi Sub Division, 5.The Village Administrative Officer, Kandadevi Village, Copy to The Section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.

+2cc to Mr.R. Rajamohan, Advocate Sr.No.69820,69819 +1cc to Spl.Government Pleader Sr.No.69987 TRP VB/SB/SAR2/09/07/2018/4P/11C C.R.P(MD).Nos. 1244 and 1245 of 2018 and CMP(MD).Nos.5258 and 5259 of 2018 26.06.2018