Sathya v. The Branch Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sathya

...Petitioner /

Petitioner (Landlord) Vs.

1.The Branch Manager, State Bank of India, 1/4/5, Madurai Road, Natarajapuram, Nilakottai, Dindigul - 624 208.

2.The Regional Manager, State Bank of India, Regional Business Office, Sai Tower, Plot No.5, Rajakkapatti Piruvu, Trichy Bypass Road, Chettinaickenpatti Village, Dindigul, Tamil Nadu - 624 004.

3.The Chief Manager (Admin)(CM), State Bank of India, Regional Business Office, Sai Tower, Plot No.5, Rajakkapatti Piruvu, Trichy Bypass Road, 1/5

Chettinaickenpatti Village, Dindigul, Tamil Nadu - 624 004.

... Respondents / Respondent Tenant Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Rent Controller / DMC, Nilakottai to number the RLTOP pending on the file of the learned Rent Controller/ DMC, Nilakottai and dispose of the same with in a stipulated time.

For Petitioner : Mr.J.Madhu

ORDER

Heard the learned counsel for the revision petitioner. 2.The revision petitioner is the owner of the petition mentioned premises. It had been let out in favour of the State Bank of India. The petitioner wants to evict the tenant. Hence petition was filed under Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 before the Rent Controller / DMC, Nilakottai. The petitioner ought to have paid the Court fees in online mode. Due to inadvertence on part of the clerical staff attached to the counsel's office, 2/5

stamp papers to the tune of Rs.35,235/- were purchased and presented along with the petition. The Court seals have also been affixed on the stamp papers.

3.Even though the petition appears to be in order, the Court below had declined to register the petition on the ground that online payment of Court fee was not effected.

4.In these circumstances, this revision petition has been filed for directing the Rent Controller, Nilakottai to number the RLTOP. It is true that the Hon'ble High Court issued notification envisaging online payment of Court fees. This notification has now been kept in abeyance. Though e-filing notifications have been issued by various District Courts in tune with the filing rules issued by the High Court, there is no prohibition or bar against manual presentation of the stamp papers towards Court fees.

5.In this view of the matter, the Rent Controller / DMC, Nilakottai is directed to number the RLTOP filed by the petitioner herein. 3/5

6.This Civil Revision Petition is allowed accordingly. There shall be no order as to costs.

03.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Registry is directed to return the original petition along with the stamp papers to the learned counsel for the revision petitioner.

To The Rent Controller/ DMC, Nilakottai.

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G.R.SWAMINATHAN, J.

MGA 03.09.2024 5/5