Madras High CourtCRP(MD)/2865/2023disposed of

Radhakrishnan v. Sathappan

2023-11-15Honourable Mr Justice K.Murali Shankar10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(MD)Nos.2865 and 2882 of 2023 C.R.P.(MD)No.2865 of 2023 :

Subramanian Chettiar (died) 1.Radhakrishnan 2.Soundararajan 3.Soundaram 4.Jeyalakshmi Ramasamy (died) 5.Meenakshi 6.Chockalingam 7.Ramanathan 8.Thiyagarajan 9.C.N.Ramanathan 10.Shanmugam 11.Palaniappan 12.Singaram 13.Rajendran 14.Chokkalingam : Petitioners 1 to14/Petitioners 5, 15-17, 19, 22-25, 29-33 Petitioners 6,19-21, 23, 27-30, 34-38 Petitioners 6, 19-21, 23, 27-30, 34-38 1/10

15.Saraswathi 16.Valliammai 17.Meenakshi 18.Mangayarkarasi 19.Thiyagarajan 20.Kandasamy 21.Sathappan 22.Nachammai 23.Meenakshi 24.Ulagappan 25.Santha 26.Alagusundaram 27.Deivanai 28.Suresh 29.Ramesh 30.Soundaravalli : Petitioners 15-30/ Petitioners 35-40, 42-44, 46-53 Vs.

1.Sathappan 2.Viswanathan 3.Manickam @ Chokkalingam 4.Vasumani 5.Subramanian 6.Andiyappa Chettiyar 7.Alagappan 8.Kannathal 2/10

9.Seethai Aachi 10.Gomathi 11.Meiyappan 12.Seenivasan 13.Pappa Aachi 14.Valliammai Aachi 15.Saroja 16.Manickavalli : Respondents 1-16/Petitioners 2-4, 7-9, 11-14, 20, 21, 26-28, 34, Petitioners 3-5, 9-11, 15 -18, 24, 25, 31-33 & 39 Petitioners 3-5, 9-11, 15 -18, 24, 25, 31-33 & 39 17.Palaniappan 18.Lakshmi Aachi 19.Sathammai : Respondents 17-19/Petitioners 36, 41, 45 20.The Land Acquisition Officer cum Revenue Divisional Officer, Dindigul (now) Revenue Divisional Officer, Palani.

21.The Managing Director, Tamil Nadu Transport Corporation, Dindigul.

: Respondents 20 & 21/Respondents/ Respondents/Respondents (Notice to all the respondents may be given up) Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Principal Sub Judge, Palani to comply with the order dated 03.01.2023 in E.A.No.1 of 2022 in E.P.No.22 of 2005 in L.A.O.P.No.2 of 1996 on the file of the learned Principal Sub Judge, Palani.

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For Petitioner : Mr.R.Suriyanarayanan For Respondent : Mr.J.John Rajadurai, Government Advocate (Civil Side), for R20 C.R.P.(MD)No. 2882 of 2023 :

Subramanian Chettiar (died) 1.N.Ramanathan Meiyappan (died) Valliammai Achi (died) S.Ramanathan (died) 2.R.Ramanathan 3.S.Thiyagarajan Meiyappa Chettiar (died) 4.Radhakrishnan Valliammai Achi (died) 5.R.M.Chockalingam Meenakshi Achi (died) 6.Soundararajan 7.V.Soundaram 8.Jeyalakshmi V.Ramasamy (died) 9.Meenakshi 10.M.Shanmugam 11.M.Palaniappan 12.M.Singaram 4/10

13.M.Rajendran 14.M.Chockkalingam : Petitioners 1 to 14/ Petitioners 2,3,5, 7- 11, 14-17,19-23,29-33 Petitioners 2,3,5, 7- 11, 14-17,19-23,29-33 Petitioners 2,3,5, 7- 11, 14-17,19-23,29-33 15.Saraswathi 16.Valliammai 17.Meenakshi 18.Mangayarkarasi 19.Thiyagarajan 20.Kandasamy 21.Sathappan 22.Nachammai 23.Meenakshi 24.Ulagappan 25.Santha 26.Alagusundaram 27.Deivanai 28.Suresh 29.Ramesh 30.Soundaravalli : Petitioners 15-30/ Petitioners 34,36-39,41-43,45-52 Vs.

1.Andiyappa Chettiyar 2.Sathappan 3.Manickavalli 4.Soma.Viswanathan 5/10

5.Soma.Chokkalingam 6.Alagappan 7.V.Meiyappan 8.V.Srinivasan 9.Pappathi 10.RM.Valliammai Aachi 11.V.Saroja 12.Palaniappan 13.Lakshmi Achi 14.Sathammai : Respondents 1-14/Petitioners 1,4,6,12,13,18, 24-28, 35,40 & 44 Petitioners1,4,6,12,13,18,24-28 Petitioners1,4,6,12,13,18,24-28 15.The Land Acquisition Officer cum Revenue Divisional Officer, Dindigul (now) Revenue Divisional Officer, Palani.

16.The Managing Director, Tamil Nadu Transport Corporation, Dindigul.

: Respondents15, 16/Respondents Respondents/Respondents Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Principal Sub Judge, Palani to comply with the order dated 03.01.2023 in E.A.No.1 of 2022 in E.P.No.23 of 2005 in L.A.O.P.No.98 of 1996 on the file of the learned Principal Sub Judge, Palani.

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For Petitioner : Mr.R.Suriyanarayanan For Respondent : Mr.J.John Rajadurai, Government Advocate (Civil Side), for R15.

COMMON ORDER The Civil Revision Petition in C.R.P.(PD)(MD)No.2865 of 2023 has been filed seeking orders to direct the learned Principal Sub Judge, Palani to comply with the order dated 03.01.2023 in E.A.No.1 of 2022 in E.P. No.22 of 2005 in L.A.O.P.No.2 of 1996.

2. The Civil Revision Petition in C.R.P.(PD)(MD)No.2882 of 2023 has been filed seeking orders to direct the learned Principal Sub Judge, Palani to comply with the order dated 03.01.2023 in E.A.No.1 of 2022 in E.P.No.23 of 2005 in L.A.O.P.No.98 of 1996.

3. When the revision petition in C.R.P.(PD)(MD)No.2865 of 2023, was taken up for hearing on 03.11.2023, a learned Judge of this Court, after getting particulars from the concerned staff of Sub Court, Palani, has directed the Registry to call for an explanation from the Principal Sub Court, Palani with regard to the compliance of orders. 7/10

4. When the petition in C.R.P.(PD)(MD)No.2882 of 2023, was taken up for hearing on 06.11.2023, considering the submissions made by the learned counsel for the petitioners that though the cheque petition was ordered on 03.01.2023, cheque was not yet issued, directed the Registry to call for explanation from the concerned Court.

5. In pursuance of the said directions, the learned Principal Subordinate Judge, Palani, has submitted a report, dated 10.11.2023, stating that the cheque petition was ordered by his predecessor in office; that the same was not brought to his knowledge by the staffs till receiving of the above letters; that after enquiring the concerned staff, he came to know that the then Bench Clerk did not hand over the bundle to the concerned staff, even after his transfer from the concerned Court and that he will rectify the defects in the above proceedings and the amount due to the respective parties will be given to them by calculation of their respective shares from the amount and by obtaining proper F.S. memo from the parties as early as possible.

6. When the matters are taken up for hearing today, the learned counsel for the petitioners would submit that the Sub Court office, after verifying the records has made an endorsement and only on that basis, 8/10

cheque petition was ordered and in case of any discrepancy in the amount, it is for the concerned Court to rectify the same.

7. Considering the report and explanation submitted by the learned Principal Sub Judge and the submission made by the learned counsel for the petitioners, the learned Principal Subordinate Judge is hereby directed to comply with the order, dated 03.01.2023 passed in the cheque petitions within a period of 15 days from the date of receipt of copy of this order. 8.With the above direction, these Civil Revision Petitions are dispose of. No costs.

15.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das 9/10

K.MURALI SHANKAR ,J.

das To 1.The Principal Sub Judge, Palani.

2.The Land Acquisition Officer cum Revenue Divisional Officer, Dindigul (now) Revenue Divisional Officer, Palani.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in C.R.P.(MD)Nos.2865 and 2882 of 2023 Dated : 15.11.2023 10/10