Madras High Court
Parameshwaran vs The Tahsildar on 19 April, 2021
W.A.(MD)No.843 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.843 of 2021
and
CMP(MD).No.3754 of 2021
Parameshwaran
... Appellant/Petitioner
Vs
1. The Tahsildar,
Thiruverumbur Post and Taluk,
Trichy District. .
2. Kumar
... Respondents/Respondents
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 27.01.2021, passed in W.P(MD).No.1265 of 2021.
For Appellant : Mr.P.Ganapathi Subramanian
__________
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.843 of 2021
For Respondents : Mr.K.P.Krishnadoss,
Special Government Pleader,
for R1
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.P.Ganapathi Subramanian, learned Counsel appearing for
the appellant and Mr.K.P.Krishnadoss, learned Special Government Pleader
appearing for the first respondent.
2. This writ appeal is filed against the order passed in W.P(MD).No.
1265 of 2021, dated 27.01.2021, by which, the appellant challenged the
notice issued by the first respondent-Tahsildar dated 27.11.2020, directing
him to appear before him and produce the document to substantiate his right
over the subject property as the second respondent has lodged a complaint.
3. The learned Single Bench dismissed the writ petition as being
premature. In fact, earlier attempt of the petitioner to approach this Court for
some of the similar relief was also dismissed as being premature. At the
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.843 of 2021
commencement of the hearing, we were also of the opinion that the
appellant attempted to stall the enquiry which cannot be entertained and the
writ petition was rightly dismissed as being premature.
4. However, on closer examination, we found that the second
respondent appears to have been using the revenue machinery to settle
scores with the appellant as he has now lodged a complaint before the Sub-
Inspector of Police, Anti-Land Grabbing Special Cell and the said police
authority had issued summons to the appellant to appear and the appellant
has also appeared and given his explanation, pursuant to which, a criminal
case has been registered in Crime No.13 of 2020, on the file of the District
Crime Branch, Trichy. Thus, it appears that there is a civil dispute between
the appellant and the second respondent. Therefore, the Tahsildar should be
very slow in enquiring into a civil dispute and merely because a petition has
been given by the second respondent, notice for enquiry should not be
issued. In the notice which was impugned in the writ petition, the Tahsildar
does not say as to how he has prima facie satisfied by the documents
produced by the second respondent, which has convinced him to issue
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.843 of 2021
notice. Merely because the second respondent has given the petition, notice
cannot be issued straight away and the notice should disclose as to what the
case the appellant has to meet and what is the claim of the second
respondent. The notice being bereft of particulars cannot be allowed to be
acted upon.
5. For the above reasons, the writ appeal is allowed and the impugned
order is set aside. However, it is open to the Tahsildar, Thiruverumbur, to
examine as to the genuineness of the claim of the second respondent and if
there is a dispute between the appellant and the second respondent and the
same is in the nature of a civil dispute, the parties should be directed to
approach the concerned competent civil Court for appropriate releif. In the
event, the Tahsildar initiates fresh action, all issues are left open to be
agitated by both the parties. No costs. Consequently, connected
miscellaneous petition is closed.
(T.S.S.,J.) (S.A.I.,J.)
19.04.2021
Index : Yes/No
Internet : Yes/No
pkn
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.843 of 2021
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To
The Tahsildar,
Thiruverumbur Post and Taluk,
Trichy District.
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.843 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD) No.843 of 2021
19.04.2021
__________
https://www.mhc.tn.gov.in/judis/
