Madras High Court
Roshan Manavalan vs M/S.Shaptharishi Research & on 6 April, 2023
W.A.(MD) Nos.387 & 390 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD) Nos.387 & 390 of 2023
and
C.M.P.(MD) Nos.4223 & 4235 of 2023
W.A.(MD) Nos.387 of 2023:
Roshan Manavalan ... Appellant
-vs-
1.M/s.Shaptharishi Research &
Medical Foundation
rep.by its President cum Managing Trustee
K.Sundararajan
S/o.Kandasamy, 209, North Street
Paramathi Velur Post
Namakkal District
2.The District Collector
Karur District, Karur
3.The Tenancy Record Officer-cum-Tahsildar
Kulithalai, Karur District
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W.A.(MD) Nos.387 & 390 of 2023
4.Guru Vidhya Peedam
rep.by its Trustee
N.S.Rajagopalan
No.5, Rani Chinnammal Street
Eldams Road, Alwarpet
Chennai
5.Guru Vidhya Peedam
rep.by its Joint Trustee
Dhanalakshmi
W/o.Sivakumar
No.29, 8th Main Road
Srinivasa Nagar, Puthur
Trichy District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 01.03.2023, passed in W.P.(MD) No.3272 of 2023, on the file of
this Court.
For Appellant : Mr.V.Meenakshi Sundaram
for Mr.P.Sivasankaran
For Respondents : Mr.T.Lajapathi Roy, Senior Counsel
for Mr.I.Vel Pradeep for R1
Mr.A.Baskaran
Additional Government Pleader for R2 & R3
W.A.(MD) Nos.390 of 2023:
Guru Vidhya Peedam
rep.by its Joint Trustee
Dhanalakshmi
W/o.Sivakumar
No.29, 8th Main Road
Srinivasa Nagar, Puthur
Trichy District ... Appellant
-vs-
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W.A.(MD) Nos.387 & 390 of 2023
1.M/s.Shaptharishi Research &
Medical Foundation
rep.by its President cum Managing Trustee
K.Sundararajan
S/o.Kandasamy, 209, North Street
Paramathi Velur Post
Namakkal District
2.The District Collector
Karur District, Karur
3.The Tenancy Record Officer-cum-Tahsildar
Kulithalai, Karur District
4.Roshan Manavalan
5.Guru Vidhya Peedam
rep.by its Trustee
N.S.Rajagopalan
No.5, Rani Chinnammal Street
Eldams Road, Alwarpet
Chennai ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 01.03.2023, passed in W.P.(MD) No.3272 of 2023, on the file of
this Court.
For Appellant : Mr.V.Meenakshi Sundaram
for Mr.R.Murugan
For Respondents : Mr.T.Lajapathi Roy, Senior Counsel
for Mr.I.Vel Pradeep for R1
Mr.A.Baskaran
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https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.387 & 390 of 2023
Additional Government Pleader for R2 & R3
COMMON JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
These writ appeals are at the instance of two undeserving
elements, who had attempted to tweak the law.
2. While the appellant in W.A.(MD) No.387 of 2023 claims to be a
tenant of the lands in question under a lease deed dated 24.03.2017, the
appellant in W.A.(MD) No.390 of 2023, which is not very appropriately named
considering its conduct, claims to be the owner of the property.
3. The background facts are as follows:
The managing trustee of the appellant in W.A.(MD) No.390 of 2023
had executed a lease deed in favour of the first respondent in both the writ
appeals on 16.06.2005. The said deed was challenged by Mrs.Dhanalakshmi,
a joint trustee of the appellant in W.A.(MD) No.390 of 2023 in O.S.No.249 of
2006, on the file of the District Munsif Court, Kulithalai. The said suit came
to be dismissed on 02.01.2018. The learned District Munsif rendered a
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W.A.(MD) Nos.387 & 390 of 2023
finding that the second defendant in the said suit / first respondent herein is
in possession of the property and therefore, the plaintiff is not entitled to a
decree for permanent injunction. Admittedly, the appeal against the said
decree is pending on the file of the Sub Court, Kulithalai.
4. While the things stood thus, the first respondent approached
the Tenancy Record Officer under the Tamil Nadu Agricultural Lands Record
of Tenancy Rights Act, 1969 (Act 10 of 1969) for recording his name as the
cultivating tenant. The said request was rejected. Aggrieved over the same,
the first respondent in both the writ appeals filed the writ petition in W.P.(MD)
No.3272 of 2023.
5. The Writ Court having found that the possession of the writ
petitioner has been recognized by the Civil Court directed the parties to abide
the decision of the Civil Court.
6. The third respondent in the writ petition, who claims to be the
lessee under the lease deed dated 24.03.2017 and the owner of the property,
represented by its joint trustee, are on appeal before us.
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W.A.(MD) Nos.387 & 390 of 2023
7. We do not find any merit in the writ appeals. Once the Civil
Court rendered a finding that the first respondent in both the writ appeals is
in possession of the property, unless that finding is set aside, the Writ Court
or the Tenancy Officer cannot decide on the rights of the parties. All that the
Writ Court has done is to direct the parties to abide the decision of the Civil
Court and act accordingly. We, sitting in the Writ Court, in a collateral
jurisdiction, cannot sit on appeal over the Judgment of the Civil Court.
Ultimately, the questions of fact will have to be decided by the Civil Court and
not by us sitting under Article 226 of the Constitution of India. We, therefore,
do not see any error in the order of the Writ Court directing the parties to
abide the decision of the Civil Court.
8. Hence, the writ appeals fail and are accordingly, dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.]
06.04.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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W.A.(MD) Nos.387 & 390 of 2023
krk
To:
1.The District Collector,
Karur District, Karur.
2.The Tenancy Record Officer-cum-Tahsildar,
Kulithalai, Karur District.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.387 & 390 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
krk
W.A.(MD) Nos.387 & 390 of 2023
and
C.M.P.(MD) Nos.4223 & 4235 of 2023
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.387 & 390 of 2023
06.04.2023
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https://www.mhc.tn.gov.in/judis
