The President vs S.K.Mylsamy
2021 Latest Caselaw 24223 Mad

                                                               C.R.P.(PD).Nos.2933 to 2935 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 09.12.2021

                                                     CORAM:

                                  THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                         C.R.P.(PD)Nos.2933 to 2935 of 2015

                     The President,
                     Somayampalayam Panchayat,
                     Somayampalayam,
                     Coimbatore.                                    .. Petitioner in all C.R.Ps.

                                                         Vs.

                     1.S.K.Mylsamy

                     2.V.Anandkumar                                        .. Respondents in

C.R.P.Nos.2933 & 2934/2015

1.S.K.Mylsamy

2.V.Anandkumar

3.The Secretary, S.K.V. Nagar Residents Welfare Association, Sultanpuram, Somayampalayam, Bharathiyar University Post, Coimbatore 641 046. .. Respondents in C.R.P.No.2935/2015

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

Common Prayer: Civil Revision Petitions filed under Section 115 of

C.P.C., to set aside the fair and final orders dated 30.04.2015 made in

I.A.Nos.458 to 460 of 2014 in A.S.C.F.R.Nos.21018, 21014 & 21016 of

2014 respectively on the file of the Principal Sub Court, Coimbatore.

(In C.R.P.Nos.2933 & 2934 of 2015)

For Petitioner : Mr.L.Mouli

For Respondents : Mr.C.R.Prasanan

(In C.R.P.No.2935 of 2015)

For Petitioner : Mr.L.Mouli

For Respondents : Mr.C.R.Prasanan (For R1 & R2)

Mr.A.Ilaya Perumal (For R3)

COMMON ORDER

(The matter is heard through 'video conferencing/hybrid mode')

These Civil Revision Petitions are filed against the fair and

decreetal orders dated 30.04.2015 made in I.A.Nos.458 to 460 of 2014 in

A.S.C.F.R.Nos.21018, 21014 & 21016 of 2014 respectively on the file of

the Principal Sub Court, Coimbatore.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

2.The issues and parties involved in all the Civil Revision Petitions

are one and the same and hence, they are disposed of by this common

order.

3.The petitioner is defendant in O.S.Nos.2535 and 2943 of 2006

and 2nd defendant in O.S.No.2719 of 2006. The respondents in

C.R.P.Nos.2933 and 2934 of 2015 filed the above two suits against the

petitioner for a permanent injunction, restraining the petitioner from

interfering with their peaceful possession and enjoyment of the suit

property. The respondents 1 and 2 in C.R.P.No.2935 of 2015 filed the suit

in O.S.No.2719 of 2006 against the 3rd respondent and petitioner, for a

declaration to declare that the Settlement deed dated 28.09.2006 executed

by the 3rd respondent in respect of the suit property in favour of the

petitioner as null and void and for a permanent injunction, restraining the

petitioner from interfering with the peaceful possession and enjoyment of

the suit property. The petitioner filed written statement and contested the

suits. After full fledged trial, all the three suits were decreed as prayed

for. The petitioner filed three appeals against the said judgments and

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

decrees with I.A.Nos.458 to 460 of 2014, to condone the delay of 968

days in filing those appeals. According to the petitioner, he is the present

President of petitioner Panchayat. The erstwhile President conducted the

suit proceedings. After election, the present President assumed charge. At

that time, the erstwhile President did not hand over the case files to the

present Panchayat President. The present President of petitioner

Panchayat came to know about the judgments and decrees from the

respondents and immediately he contacted the Government Pleader and

filed the appeals. The delay has occurred only due to the intervening

election, new President's assuming office and failure on the erstwhile

President to hand over the files to the present Panchayat President. The

delay is neither willful, nor wanton. Unless the delay is condoned, the

public properties will be affected and prayed for allowing all the appeals.

4.The respondents in C.R.P.No.2933 and 2934 of 2015 and

respondents 1 and 2 in C.R.P.No.2935 of 2015 filed separate counter

affidavits and denied all the averments in the affidavits and submitted

that the reason given by the petitioner is not valid and sufficient to

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

condone the delay. All the files relating to the cases will be available in

the Panchayat office only. In view of the same, the reason given by the

present President of the petitioner Panchayat is not acceptable and prayed

for dismissal of the applications.

5.The learned Judge, considering the averments in the affidavits

and counter affidavits, by three separate orders dated 30.04.2015 made in

I.A.Nos.458 to 460 of 2014, dismissed all the three applications, holding

that the reason given by the petitioner is not believable, acceptable and

sufficient.

6.Against the said orders dated 30.04.2015 made in I.A.Nos.458 to

460 of 2014 in A.S.C.F.R.Nos.21018, 21014 & 21016 of 2014, the

petitioner has come out with the present Civil Revision Petitions.

7.Heard the learned counsel appearing for the petitioner and

respondents in all the Civil Revision Petitions and perused the entire

materials available on record.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

8.From the materials on record, it is seen that the respondents in

C.R.P.Nos.2933 and 2934 of 2015 filed two suits in O.S.Nos.2535 and

2943 of 2006 for permanent injunction and the respondents 1 and 2 in

C.R.P.No.2935 of 2015 filed the suit in O.S.No.2719 of 2006 for a

declaration to declare that the Settlement deed dated 28.09.2006 as null

and void and for permanent injunction. After full fledged trial, all the

three suits were decreed in favour of the respondents. Challenging the

said judgments and decrees, the petitioner filed appeals with applications

to condone the delay of 968 days in filing the appeals. According to the

petitioner, the present President was elected as President of the petitioner

Panchayat and erstwhile President of the petitioner Panchayat did not

hand over the files relating to the suits to the present President. Only

after coming to know of the suits and the judgments and decrees from the

respondents, the petitioner approached the Government Pleader and filed

appeals. Due to the same, delay has occurred in filing the appeals. The

respondents have not denied that the suits are conducted by the erstwhile

President and subsequently, new President has been elected and assumed

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

office. The issue in the suit relates to the property being gifted to the

Panchayat by the 3rd respondent-Association in C.R.P.No.2935 of 2015.

The respondents are challenging the gift granted to the Panchayat in

respect of lay out. The gift given to the Panchayat is for forming a

Children's Park. The gift is for the benefit of all the members of the

Panchayat as well as the owners and residents of the lay out. The land

was allotted for public purpose. In view of the above fact that the dispute

is with regard to the land given for public purpose, in the interest of

justice as well as in the public interest, the petitioner must be given an

opportunity to put forth their case on merits. At the same time, the

inconvenience and hardship caused to the respondents in C.R.P.Nos.2933

and 2934 of 2015 and respondents 1 and 2 in C.R.P.No.2935 of 2015

have to be compensated. Hence, it will be just and proper to direct the

petitioner to pay a sum of Rs.7,500/- each by way of Demand Draft in

favour of (1) S.K.Mylsamy and (2) V.Anand Kumar and send the said

Demand Drafts by way of Registered Post, within a period of four weeks

from the date of receipt of a copy of this order. On such payment, the

impugned orders of the Principal Subordinate Judge, Coimbatore,

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

dismissing the applications will be set aside and I.A.Nos.458 to 460 of

2014 will be allowed. If the petitioner fails to pay the amounts within the

time granted by this Court, the orders of the learned Judge dated

30.04.2015 made in I.A.Nos.458 to 460 of 2014 will be confirmed.

With the above direction, all the Civil Revision Petitions are

allowed. No costs.

09.12.2021 Index :: Yes/No gsa

To The Principal Subordinate Judge, Coimbatore.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).Nos.2933 to 2935 of 2015

V.M.VELUMANI, J.

gsa

C.R.P.(PD)Nos.2933 to 2935 of 2015

09.12.2021

https://www.mhc.tn.gov.in/judis