Madras High Court
S.Parimelazhagar vs Chairman-Cum-Special Deputy ... on 1 December, 2022
Author: S.S.Sundar
Bench: S.S.Sundar
W.P.Nos.14764, 14765 and 14766 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.12.2022
Coram:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.No.14764, 14765 and 14766 of 2015
and
M.P.No.1 of 2015 in each W.P.
---
S.Parimelazhagar .. Petitioner in W.P.No.14764 of 2015
S.Santhoshkumar .. Petitioner in W.P.No.14765 of 2015
Rajmohan .. Petitioner in W.P.No.14766 of 2015
Vs.
1. Chairman-cum-Special Deputy Collector,
Revenue Court,
Cuddalore. .. First respondent in all the Writ Petitions
2. Kalaiarasan .. Second respondent in W.P.No.14764 of 2015
2. Ganesan .. Second respondent in W.P.No.14765 of 2015
2. Kannan .. Second respondent in W.P.No.14766 of 2015
3. The Trustee,
M/s.Neivasal Muthusami Pillai
and Sundaresam Pillai Trust,
No.72, Ellaiyammal Koil Street,
Chidambaram, Cuddalore District. .. Third respondent in all the Writ Petitions
Page No.1/5
https://www.mhc.tn.gov.in/judis
W.P.Nos.14764, 14765 and 14766 of 2015
Writ Petition No.14764 of 2020 filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the
records pertaining to the order to the docketed order, dated 29.12.2014 made in
A.T.M.(A)/962/14 in P.T.A.No.37 of 2011 passed by the first respondent and
quash the same and further direct the first respondent to take the petition on
file.
Writ Petition No.14765 of 2020 filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the
records pertaining to the order to the docketed order, dated 29.12.2014 made in
A.T.M.(A)/961/14 in P.T.A.No.36 of 2011 passed by the first respondent and
quash the same and consequently direct the first respondent to take the petition
on file.
Writ Petition No.14766 of 2020 filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the
records pertaining to the order to the docketed order, dated 29.12.2014 made in
A.T.M.(A)/960/14 in P.T.A.No.38 of 2011 passed by the first respondent and
quash the same and further direct the first respondent to take the petition on
file.
For petitioner : M/s.A.Nagarathinam in all Writ Petitions
For respondents: No appearance for RR-1 and 2
Mr.T.Sathiyamoorthy for R-3
Page No.2/5
https://www.mhc.tn.gov.in/judis
W.P.Nos.14764, 14765 and 14766 of 2015
COMMON ORDER
Learned counsel for the petitioners states that the petitioners in two of the present Writ Petitions are no more and even though the petitioner in one of the Writ Petition is alive, he seeks time.
2. The writ petitions are filed by all the petitioners as sub-tenants under the third respondent. It is not in dispute that the third respondent is a public Trust and owner of the land(s) in question. The third respondent appears to have filed eviction petition against the second respondent in the respective Writ Petitions, who are the chief tenants.
3. It is stated that the petitioners in the respective Writ Petitions are sub- tenants being in possession and cultivating the land(s), and they have filed a petition raising objection to hand over possession to the land-lord pursuant to an order of eviction against the main tenant. The first respondent has returned the application on the ground that the eviction had been carried out pursuant to the order of eviction, meaning that the possession was also taken by the Trust.
4. Therefore, from the nature of the order passed by the first respondent, Page No.3/5 https://www.mhc.tn.gov.in/judis W.P.Nos.14764, 14765 and 14766 of 2015 this Court is not inclined to entertain the present Writ Petitions. All these three Writ Petitions are therefore closed, however, with a liberty to the petitioners or the legal representatives of the deceased petitioners, to file a petition under Section 20 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961, for appropriate relief. There shall be no order as to costs. Consequently the Miscellaneous Petitions are closed.
01.12.2022 Speaking Order: Yes/no cs To Chairman-cum-Special Deputy Collector, Revenue Court, Cuddalore.
Page No.4/5 https://www.mhc.tn.gov.in/judis W.P.Nos.14764, 14765 and 14766 of 2015 S.S.SUNDAR, J cs W.P.Nos.14764, 14765 and 14766 of 2015 01.12.2022 Page No.5/5 https://www.mhc.tn.gov.in/judis