Madras High Court
Jasneethan vs T. Dhanasekaran on 31 August, 2021
C.R.P.No.1440 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P. No.1440 of 2021
(Through Video Conference)
1. Jasneethan
2. Pothraj .. Petitioners
Versus
T. Dhanasekaran .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
India to set aside the order dated 16.02.2021 made in R.A.No.46 of 2019 in
O.S.No. 285 of 2010 on the file of the Principal District Munsif Court, Alandur
by allowing the above Civil Revision Petition.
For Petitioner : M/s.M. Saravanakumar
For Respondent : M/s.Pravin (Vakalat not filed)
******
O RD E R
This petition is filed to set aside the order passed R.A. No.46/2019 in
O.S. No.285 of 2010, Alandur.
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C.R.P.No.1440 of 2021
2. RA No.46/2019 was filed under Section 151 of the Code of Civil
Procedure for returning the documents, which were marked as Exs.A-2, A-4,
A-9 and A-18.
3. The learned counsel for the petitioner submitted that these documents
are required for production before the Corporation of Chennai for fixing the tax.
Earlier, the property came under the Jurisdiction of Alandur Municipality and
after re-organization, the property comes under the Corporation of Chennai.
Therefore, these documents are required for production before the Corporation
of Chennai for fixing property tax.
4. This petition was abjected by the respondent on the ground that appeal
against judgment in O.S.No.285 of 2010 was filed and it is pending in
A.S.No.32/2019 on the file Sub Court, Tambaram. The Learned Judge, after
considering the submissions made by the parties, dismissed the petition mainly
on the ground that appeal is pending.
5. As said earlier, the learned counsel for the petitioner reiterated his
submission that these documents are absolutely necessary and he is prepared to
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C.R.P.No.1440 of 2021
obtain certified copies of these documents and produced before the Court. A-2,
A-9 and A-18 are the House Tax and property tax and A-4 is the settlement
deed. All are necessary documents.
6. In the facts and circumstances of the case, the original documents are
not necessary for perusal by the Appellate Court. It is enough if the certified
copies are produced for adjudicating the case before the appellate Court.
Therefore, the petitioner can obtain certified copies of these documents from the
Court and substitute certified copies in the place of originals and can get back
the originals. If the appellate Court requires the aforesaid original documents for
perusal, it can always direct the petitioner to produce the originals at the time of
hearing the appeal.
7. In such view of the matter, the Civil Revision Petition is allowed with a
direction to the petitioner to get certified copies of A-2, A-4, A-9 and A-18 and
produce before the learned Principal District Munsif, Alandur for its
substitution in the place of originals. After completion of this exercise, the
originals shall be returned to the petitioner by getting an undertaking that the
petitioner will produce the originals if required by the appellate Court during the
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C.R.P.No.1440 of 2021
course of hearing of the appeal. No costs.
31.08.2021
RAP/RR
To:
The Principal District Munsif,
Alandur.
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C.R.P.No.1440 of 2021
G.CHANDRASEKHARAN, J.,
RAP/RR
Order made in
C.R.P.No.1440 of 2021
31.08.2021
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