V.Muthukutti vs Record Officer-Cum-Tahsildar
2023 Latest Caselaw 4211 Mad

                                                                  W.A.(MD) No.412 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 13.04.2023

                                                      CORAM:

                                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                      and
                                   THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                              W.A.(MD) No.412 of 2023
                                                        and
                                             C.M.P.(MD) No.4493 of 2023


                 V.Muthukutti                                                   ... Appellant

                                                        -vs-


                 1.Record Officer-cum-Tahsildar
                   Ambasamudram Taluk
                   Ambasamudram
                   Tirunelveli District

                 2.The District Collector /
                   District Revenue Officer I/c.
                   Tirunelveli District
                   Tirunelveli

                 3.Syed Ali Abuthakeer

                 4.V.Ganesan

                 5.R.Arichandran

                 6.Thommai Siluvai                                              ... Respondents



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                 Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                        W.A.(MD) No.412 of 2023


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 27.04.2022, passed in W.P.(MD) No.12758 of 2014, on the file of

                 this Court.


                                  For Appellant     : Mr.S.Palani Velayutham

                                  For Respondents   : Mr.S.P.Maharajan
                                                      Special Government Pleader for R1 & R2
                                                      Mr.M.Ajmal Khan, Senior Counsel
                                                      for M/s.Ajmal Associates for R3

                                                      JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The appellant claims to be the cultivating tenant. He has obtained

an order recording his name as cultivating tenant by suppressing facts and

playing fraud. When the facts were brought to knowledge of the authority

concerned, the District Collector, Tirunelveli District, exercising his suo motu

power under Section 7 of the Tamil Nadu Agricultural Lands Record of

Tenancy Rights Act, 1969 (for brevity, “the Act”), by order dated 24.07.2014,

has cancelled the order registering the appellant as cultivating tenant. It is

the said order, which was the subject matter of challenge in the writ petition.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.412 of 2023

2. The Writ Court has gone into the question in detail and found

that the order registering the appellant as cultivating tenant itself was

obtained by suppressing facts and playing fraud. Therefore, the District

Collector, Tirunelveli District, has rightly exercised his jurisdiction under

Section 7 of the Act. We, therefore, do not find any merit in the grounds

raised in this writ appeal to interfere with the conclusion of the Writ Court. It

is always open to the appellant to approach the Civil Court and prove his

status as cultivating tenant.

3. Hence, the writ appeal fails and it is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                              [R.S.M., J.]          [L.V.G., J.]
                                                                         13.04.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.412 of 2023

To:

1.The Record Officer-cum-Tahsildar, Ambasamudram Taluk, Ambasamudram, Tirunelveli District.

2.The District Collector / District Revenue Officer I/c., Tirunelveli District, Tirunelveli.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.412 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

W.A.(MD) No.412 of 2023 and C.M.P.(MD) No.4493 of 2023

13.04.2023

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