Madras High CourtCMP(MD)/6603/2023allowed

S. Rajendran, v. 1. C.V. Ahamed Kutty (Died), 2. C.V. Alavi Kutty,

2023-06-15Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) No.6603 of 2023 in AS.No.703 of 1992 1 S. RAJENDRAN, ... 1st PETITIONER/2nd RESPONDENT 2 INDHIRA, 3 R. SHIVAKUMAR, 4 R. SUBHA, 5 R. AGALYA, 6 R. KUMARAN, ... PETITIONERS 2 TO 6/RESPONDENTS 37 TO 41 Vs 1 1. C.V. AHAMED KUTTY (DIED),

2. C.V. ALAVI KUTTY,, THROUGH POWER AGENT JAMAL MOHIDEEN PAPPA ... 2nd RESPONDENT/2nd APPELLANT 3 KUNJU KOYAMBU (DIED) ... 3rd PETITIONER 4 FATHIMA KUTTY, 5 ABDUL KHADER, 6 FAIZEL, 7 ABIDA, 8 SHAHARABANU ... RESPONDENTS 4 TO 8/APPELLANTS 4 TO 8 9 IYYATHUMMA(DIED) ... 9TH PETITIONER 10 AYISHA BEEVI, 11 FATHIMA,

12 SAINABA, 13 MUHAMMED ASHRAF, 14 MUHAMMED BAHEER, ... RESPONDENTS 10 TO 14/APPELLANTS 10 TO 14 15 S.RAMALINGAM(DIED) ... 1ST RESPONDENT 16 SENGAMALA SERVAI(DIED) ... 3rd RESPONDENT 17 RENGASAMY SERVAI(DIED) ... 4th RESPONDENT 18 SATHIAMURTHY(DIED) ... 5th RESPONDENT 19 GOVINDAMMAL(DIED) ... 6th RESPONDENT 20 PERUMALSAMY NAIDU, 21 CHINNATHAMBI, 22 KOTTAISAMY NAIDU, 23 LAKSHMI, 24 KALIAPERUMAL, 25 SOUNDARAJAN, 26 ARUMUGAM, ... RESPONDENTS 2O TO 26/RESPONDENTS 7 TO 13 27 SELVI. PUSHPAM(DIED) ... 14th RESPONDENT 28 MARIAMMAL, 29 NAGARATHINAM, ... RESPONDENTS 28 TO 29/RESPONDENTS 15 TO 16 30 TAMILARASI(DIED) ... 17th RESPONDENT 31 MAHALINGAM(DIED) ... 18th RESPONDENT 32 MAHADEVAN(DIED) ... 19th RESPONDENT 33 GANESAN, 34 GOWRI, 35 MANIKANDAN, 36 GEETHA, ... RESPONDENTS 33 TO 36/RESPONDENTS 20 TO 23 37 MANOHARAN(DIED) ... 24TH RESPONDENT

38 THILAGAVATHI, 39 VALARMATHI, ... RESPONDENTS 38 & 39/RESPONDENTS 25 & 26 40 AYYAPPAN(DIED) ... 27TH RESPONDENT 41 REVATHI, 42 KALAISELVI, 43 NANTHAKUMAR, 44 LALITHA, 45 ASHWANTH,S/o.Late.Mahadevan 46 ASHWANTH,S/o.Late.Mahadevan 47 KALARANI, 48 SAKTHI PRAKASH, 49 NITHISH KUMAR, ... RESPONDENTS 41 TO 49/RESPONDENTS 28 TO 36 50 AGILANDAM, 51 JEYA, 52 RAJAM, .

53 SUSILA, ... RESPONDENTS 50 TO 53/RESPONDENTS 42 TO 45 54 RAJESWARI(DIED) ... 54TH RESPONDENT/46TH RESPONDENT 55 NAVANEETHAM, 56 MEENAKSHI, ... RESPONDENTS 55 & 56/RESPONDENTS 47 & 48 57 PATTAMMAL(DIED) ... 57TH RESPONDENT/49TH RESPONDENT 58 PREMA, 59 SAMPASIVAM, ... RESPONDENTS 58 & 59/RESPONDENTS 50 & 51 60 AMBIKAPATHI(DIED) ... 60TH RESPONDENT/52ND RESPONDENT 61 KARUPPAIAH, 62 MUTHUKUMAR, 63 KARTHIKEYAN, ... RESPONDENTS 61 TO 63/RESPONDENTS 53 TO 55

64 INDIRA GANDHI, 65 MUTHULAKSHMI, 66 MUTHUKUMAR, ... RESPONDENTS 64 TO 66/RESPONDENTS 56 TO 58 67 NAGALAKSHMI, 68 KALPANA, 69 INDHUMATHI, 70 ALAGARESAN, ... RESPONDENTS 67 TO 70/RESPONDENTS 59 TO 62 71 SHANMUGAPRIYA, 72 RAKSHANA, 73 NETHRA, ... RESPONDENTS 71 TO 73/RESPONDENTS 63 TO 65 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to receive the additional documents mentioned in the accompanying petition as additional evidence in the above A.S. No. 703 of 1992.

i. Certified copy of communication by Special Tahsildar to District Adhi Dravidar Welfare Officer, Thanjavur dated 13.12.1995 ii. Certified copy of proceedings of Special Tahsildar for the Welfare of Adhi Dravidar Welfare Department Thanjavur, dated 18.03.1996 iii. Certified copy deposition of Power Agent Jamal Mohideen Papa iv. Certified copy Deposition of Power Agent Jamal Mohideen Papa v. Certified copy of Document obtained Under RTI Act from Special Tahsildar Highway Department Thanjavur Dated 19.04.2021 Prayer in AS. 703/ 1992 :

Pleased to set aside the judgment and decree of the Subordinate Court, Tanjore in O.S.No.26 of 1984 dated 07.10.1991 in so far as it relates to the appellants and suit items 19 to 22 and dismiss the suit and allow the appeal with cost throughout. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.KRISHNAVENI, Senior Counsel for M/S.P.THIYAGARAJAN, for the petitioner, the Court made the following order:-

This application has been filed to receive the documents viz., (i) Certified copy of communication by the Special Tahsildar to District Adhi Dravidar Welfare Officer, Thanjavur, dated 13.12.1995, (ii) Certified copy of proceedings of Special Tahsildar for the Welfare of Adhi Dravidar Welfare Department, Thanjavur, dated 18.03.1996, (iii) Certified copy of deposition of Power Agent Jamal Mohideen Papa, (iv), Certified copy of deposition of Power Agent Jamal Mohideen Papa and (v) Certified copy of document obtained under RTI Act from Special Tahsildar Highway Department, Thanjavur dated 19.04.2021, as additional evidence in the appeal.

2. Though the counter has been filed by the respondents objecting the documents on the ground of delay, it is relevant to note that the respondents being the appellants also filed an application in C.M.P.(MD).No.11056 of 2002 to receive the proceedings and it has not been disputed by the respondents. Since both sides files applications to receive the additional evidence ie., the proceedings of the Government authorities, both sides are fairly submitted that no oral evidence is required. Accordingly, the application filed for receiving additional documents is allowed in part. The document Nos.1, 2 and 5 in C.M.P.(MD).No.6603 of 2023 alone are received as additional evidence. Accordingly, the documents received are marked as Exs.A34, A35 and A36, on the side of the plaintiffs.

sd/- 15/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

akv TO THE SUBORDINATE JUDGE, THANJAVUR.

Copy to:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6603 of 2023 in AS.No.703 of 1992 Date :15/06/2023 SS/SSS/16/06/2023/5P/3C