Madras High Court
T. Manikandan vs The Competent Authority on 25 October, 2021
CMA.Nos.1931 & 1932 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos. 1931 & 1933 of 2021
and
C.M.P. Nos. 10410 of 10412 of 2021
1. T. Manikandan
2. P. Kandasamy
3.C. Kumar
4. Kandasamy
5. C. Sundaram
6. Thukka Gounder ...Appellants in both CMAs
Vs.
The Competent Authority,
District Revenue Officer,
Namakkal ...Respondent in both CMAs
Common Prayer: Civil Miscellaneous Appeals filed under Section
104 and Order XLIII Rule 1 of CPC read with Section 11 of TNPID Act,
1997 to set aside the common order dated 07/04/2021, passed in I.A.
Nos. 5 and 6 of 2021 in O.A. No. 33 of 2015, on the file of the Special
Judge, Special Court under TNPID Act, Coimbatore.
For Appellants in both CMAs : Mr.S. Diwakar
For Respondent in both CMAs: Dr. S. Suriya
Government Advocate
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CMA.Nos.1931 & 1932 of 2021
JUDGMENT
(This case was heard through Video Conferencing)
These appeals have been filed challenging the common order dated
07.04.2021 passed by the learned Special Judge, Special Court under
TNPID Act, Coimbatore under which, the applications filed by the
Appellants to reopen and recall PW1's evidence were dismissed on the
ground that no sufficient reason was given by the Appellants for
allowing the applications.
2. As seen from the impugned order, O.A. No. 33 of 2015 was
posted for chief examination of PW1 on 12.02.2021. The Chief
examination of PW1 was completed on that date. However, the
Appellants who are the respondents 4 to 9 in O.A. No. 33 of 2015 sought
further time to cross examine PW1 on the ground that the Counsel for the
Appellants mother's ceremony was scheduled to take place on the very
same date. However, under the impugned order, the learned Special
Judge, Special Court under TNPID Act, Coimbatore has rejected the said
request and closed the evidence of PW1 on the very same date i.e., on
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CMA.Nos.1931 & 1932 of 2021
12.02.2021 itself. Thereafter, the Appellants have filed I.A. Nos. 5 and 6
of 2021 before the learned Special Judge, Special Court under TNPID
Act, Coimbatore to reopen and recall PW1's evidence giving the very
same reason. However, under the impugned order dated 07.04.2021,
learned Special Judge, Special Court under TNPID Act, Coimbatore has
dismissed the applications on the ground that no sufficient reasons have
been given by the Appellants for reopening and recalling PW1's
evidence.
3. Admittedly, the Appellants have sought for time to cross
examine PW.1 on 12.02.2021 and as seen from the impugned order, only
on 12.02.2021, when the chief examination of PW1 was completed. In
the Affidavit filed in support of the applications I.A. Nos. 5 and 6 of
2021, the Appellants have pleaded that only due to the ceremony of the
mother of the Appellants' counsel that took place on 12.02.2021, the
counsel had sought further time to cross examine PW1. However, even
without giving sufficient opportunity to the Appellants, the learned
Special Judge, Special Court under TNPID Act, Coimbatore has closed
the evidence of PW1 on 12.02.2021 itself.
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CMA.Nos.1931 & 1932 of 2021
4. The reasons given by the Appellants in the affidavit filed in
support of the application Nos. 5 and 6 of 2021 are satisfactory.
However, the Tribunal has erroneously held that the said reasons are not
sufficient for the purpose of reopening and recalling PW1's evidence.
This Court is of the considered view that since the Appellants have
sought only one adjournment for cross examination of the PW1's
evidence and sufficient reasons have been given by them in the affidavit
filed in support of the applications I.A.Nos.5 and 6 of 2021, the learned
Special Judge, Special Court under TNPID Act, Coimbatore ought to
have allowed those applications, but instead has erroneously dismissed
the same.
5. For the foregoing reasons, the impugned common order dated
07.04.2021 passed in I.A. Nos. 5 and 6 of 2021 in O.A. No. 33 of 2015
pending on the file of the learned Special Judge, Special Court under
TNPID Act, Coimbatore will have to be necessarily set aside.
Accordingly, the same is set aside by this Court and this Court directs the
learned Special Judge, Special Court under TNPID Act, Coimbatore to
permit the Appellants to cross examine PW1 and after completion of oral
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CMA.Nos.1931 & 1932 of 2021
evidence on both the sides, dispose of O.A. No. 33 of 2015 within a
period of two months from the date of completion of the oral evidence on
both sides.
6. With the aforesaid direction, these Appeals are allowed. No
costs. Consequently connected miscellaneous petitions are closed.
25.10.2021
ab/nl
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1. The Special Judge,
Special Court under TNPID Act,
Coimbatore
2. The Section Officer,
V.R. Section,
High Court, Madras.
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CMA.Nos.1931 & 1932 of 2021
ABDUL QUDDHOSE, J.
ab
C.M.A.Nos. 1931 & 1933 of 2021
and
C.M.P. Nos. 10410 of 10412 of 2021
25.10.2021
https://www.mhc.tn.gov.in/judis/
