Madras High Court
K.Boopalan vs 4 The Commissioner For Land ... on 23 February, 2021
W.A.Nos.412, 414, 416, 417 and 418 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.Nos.412, 414, 416, 417 and 418 of 2021
W.A.No.412 of 2021
K.BOOPALAN ... Appellant
Vs
1 THE CHAIRMAN
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
NO.1 PUMPING STATION ROAD
CHINTADRIPET
CHENNAI-600002
2 CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
REP. BY ITS MANAGING DIRECTOR
NO.1 PUMPING STATION ROAD
CHINTADRIPET
CHENNAI-600002
__________
Page 1 of 11
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
3 THE ASSISTANT EXECUTIVE ENGINEER
CONSTRUCTION DEPARTMENT
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
CHINTADRIPET
CHENNAI-600002
4 THE COMMISSIONER FOR LAND ADMINISTRATION
CHEPAUK
CHENNAI ... Respondents
W.A.No.414 of 2021
K.BOOPALAN ... Appellant
Vs
1 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
AND DIRECTOR OF SURVERY AND SETTLEMETNS
CHEPAUK
CHENNAI-05
2 THE SETTLEMENT OFFICER
THANJAVUR
3 THE TAHSILDHAR
PERAMBUR - PURASAIWALKAM TALUK
PERAMBUR
CHENNAI-11 ... Respondents
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
W.A.No.416 of 2021
K.BOOPALAN ... Appellant
Vs
1 THE STATE OF TAMIL NADU
REP. BY SECRETARY TO GOVERNMENT
(REVENUE DEPARTMENT)
FORT SAINT GEORGE
CHENNAI-09.
2 THE MANAGING DIRECTOR
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
FORT SAINT GEORGE
CHENNAI-09.
3 THE DISTRICT COLLECTOR OF CHENNAI
OFFICE OF THE COLLECTOR AT RAJAJI SALAI
CHENNAI-01
4 THE COMMISSIONER OF LAND REFORMS
CHEPAUK
CHENNAI-05
5 THE TAHSILDAR
AYANAVARAM
CHENNAI 23.
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
W.A.No.417 of 2021
K.BOOPALAN ... Appellant
Vs
1 THE STATE OF TAMILNADU
REP BY SECRETARY TO GOVERNMENT
(REVENUE DEPARTMENT)
FORT SAINT GEORGE
CHENNAI-9.
2 THE CHAIRMAN AND MANAGING DIRECTOR
TANGEDCO TNEB/TANRANSCO
144 ANNA SALAI
CHENNAI 2
3 THE DISTRICT COLLECTOR OF CHENNAI
OFFICE OF THE COLLECTOR AT RAJAJI SALAI
CHENNAI 600 001.
4 THE COMMISSIONER OF LAND REFORMS
CHEPAUK
CHENNAI 600 005.
5 THE TAHSILDAR
AYANAVARAM
CHENNAI 600 023. ... Respondents
W.A.No.418 of 2021
K.BOOPALAN ... Appellant
Vs
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
1 THE STATE OF TAMILNADU
REP.BY SECRETARY TO GOVERNMENT
(REVENUE DEPARTMENT)
FORT SAINT GEORGE
CHENNAI 9.
2 THE SECRETARY
BACKWARD MOST BACKWARD CLASSES AND MINORITY
WELFARE DEPARTMENT
FORT SAINT GEORGE
CHENNAI 9.
3 DIRECTOR OF BACKWARD CLASSES
AND MINORITIES WELFARE
CHEPAUK
CHENNAI 5.
4 THE DISTRICT COLLECTOR OF CHENNAI
OFFICE OF THE COLLECTOR AT RAJAJI SALAI
CHENNAI 1.
5 THE COMMISSIONER OF LAND REFORMS
CHEPAUK
CHENNAI 5.
6 THE THSILDAR
AYANAVARAM
CHENNAI-23. ... Respondents
Prayer: Appeals under Clause 15 of the Letters Patent against the
common judgment dated 28.02.2020 made in W.P.Nos.8581 of 2015;
9468 of 2009, 449, 442 and 437 of 2020.
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
For Appellant : Mr.S.Prabhakaran
Senior Counsel
for Mr.K.S.Arivazhagan
For Respondents : Mr.V.Jayaprakash Narayanan
State Government Pleader
for respondent No.4
in W.A.No.412 of 2021;
for respondents in
W.A.No.414 of 2021;
for respondents 1, 3 to 5
in W.A.Nos.416 and 417 of
2021;
for respondents 1, 3 to 6
in W.A.No.418 of 2021
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By the judgment and order impugned dated February 28,
2020, the Court disbelieved the appellant's agent that the agent
was duly constituted or had a right to represent the appellant.
2. However, the appellant relies on subsequent events and
material to say that the Court could not have conclusively held that
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
the agent may not have been authorised by the appellant to
represent the appellant.
3. In the light of the subsequent events and fresh material
carried to the Court by the appellant, it appears that the matter has
to be looked into. The learned Single Bench did not address the
merits of the writ petition once it found that the agent appeared to
suggest that the agent was unable to trace the principal. In view of
the subsequent events and material now cited, the order impugned
cannot be sustained. However, the merits of the matter need not
be addressed at this stage and the writ petition may be restored to
the board of the learned Single Bench for the same to be considered
in accordance with law upon the learned Single Bench being
satisfied that the agent in this case is duly authorised to represent
the principal.
4. Accordingly, W.A.Nos.412, 414, 416, 417 and 418 of 2021
are allowed by setting aside the judgment and order dated February
28, 2020 and by requesting the learned Single Bench to look into
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
the subsequent events and additional material sought to be relied
upon by the appellant herein. If the Single Bench is satisfied that
the agent has due authority to represent the principal, the merits of
the matter may then be looked into. If, however, the Court still
feels that the agent may not be competent to prosecute the matter
on behalf of the principal, it will be open to the Court of the first
instance to deal with the matter accordingly.
5. It is made clear that the observations herein are tentative
and not intended to influence the course of action to be taken by
the learned Single Bench. There will be no order as to costs.
Consequently, C.M.P.Nos.1665, 1670, 1659, 1660 and 1661 of
2021 are closed.
(S.B., CJ.) (S.K.R., J.)
23.02.2021
Index : No
sasi
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
To:
1 THE CHAIRMAN
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
NO.1 PUMPING STATION ROAD
CHINTADRIPET
CHENNAI-600002
2 THE MANAGING DIRECTOR
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
NO.1 PUMPING STATION ROAD
CHINTADRIPET
CHENNAI-600002
3 THE ASSISTANT EXECUTIVE ENGINEER
CONSTRUCTION DEPARTMENT
CHENNAI METROPOLITAN WATER SUPPLY AND
SEWERAGE BOARD
CHINTADRIPET
CHENNAI-600002
4 THE COMMISSIONER FOR LAND ADMINISTRATION
CHEPAUK
CHENNAI
5 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
AND DIRECTOR OF SURVERY AND SETTLEMETNS
CHEPAUK
CHENNAI-05
6 THE SETTLEMENT OFFICER
THENAJAVUR
7 THE TAHSILDHAR
PERAMBUR PURASAIWALKAM TK
PERAMBUR
CHENNAI-11
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
8 THE SECRETARY TO GOVERNMENT (REVENUE DEPARTMENT)
STATE OF TAMIL NADU
FORT SAINT GEORGE
CHENNAI-09.
9 THE DISTRICT COLLECTOR OF CHENNAI
OFFICE OF THE COLLECTOR AT RAJAJI SALAI
CHENNAI-01
10 THE COMMISSIONER OF LAND REFORMS
CHEPAUK
CHENNAI-05
11 THE TAHSILDAR
AYANAVARAM
CHENNAI 23.
12 THE CHAIRMAN AND MANAGING DIRECTOR
TANGEDCO TNEB/TANRANSCO
144 ANNA SALAI
CHENNAI 2
13 THE SECRETARY
BACKWARD MOST BACKWARD CLASSES AND MINORITY
WELFARE DEPARTMENT
FORT SAINT GEORGE
CHENNAI 9.
14 THE DIRECTOR OF BACKWARD CLASSES
AND MINORITIES WELFARE
CHEPAUK
CHENNAI 5.
__________
https://www.mhc.tn.gov.in/judis/
W.A.Nos.412, 414, 416, 417 and 418 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.A.Nos.412, 414, 416, 417 and 418 of 2021
23.02.2021
__________
https://www.mhc.tn.gov.in/judis/
