M.Ganesan vs V. Nagarajan
2023 Latest Caselaw 5424 Mad

                                                                      W.A.(MD) No.678 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 05.06.2023

                                                  CORAM:

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


                                          W.A.(MD) No.678 of 2023
                                                   and
                                         C.M.P.(MD) No.6023 of 2023


                 M.Ganesan                                                  ... Appellant
                                                      -vs-

                 1. V. Nagarajan

                 2. Parkath Ali

                 3. Arab John

                 4. Sridar

                 5. Sivanandan

                 6. Subramaniyan

                 7. Lakshmi

                 8. The Special Deputy Collector,(Revenue),
                    O/o.The Special Revenue Deputy Collector Court,

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https://www.mhc.tn.gov.in/judis
                                                                                   W.A.(MD) No.678 of 2023


                     Trichy Town.

                 9. The District Revenue Officer,
                    Karur District.

                 10. The Revenue Divsional Officer,
                     Kulithalai Revenue Divisional Officer, Karur District.

                 11. The Tahsildar (Tenancy),
                     Krishnarayarpuram Taluk Office,
                     Kulithalai, Karur District.                                      ... Respondents/
                                                                                      Respondents

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

                 dated 12.07.2022, passed in W.P.(MD) No.3568 of 2020, on the file of this Court.

                                  For Appellant     : Mr.N.S.Ponniah

                                  For Respondents   : Mr.V.Nirmal Kumar
                                                      Government Advocate for R8 to R11
                                                      Mr.S.Balaji for R5

                                                      JUDGMENT

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

The attempt of the petitioner to challenge the eviction order passed

by the original authority under Section 3 of the Tamil Nadu Cultivating Tenants

Protection Act, 1955 (for brevity “the Act”), after a lapse of 17 years has been

repelled by the Writ Court on the ground of laches.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.678 of 2023

2. The learned counsel appearing for the appellant would submit that

such extraordinary delay should be condoned by this Court.

3. Section 6B of the Act makes the original authority – a Court

subordinate to this Court within a meaning of 'Section 115 of the Code of Civil

Procedure, 1908 (Central Act V of 1908)', enabling an aggrieved person to

challenge the order of eviction by way of a revision. Limitation Act, 1963,

provides 90 days limitation for a revision. The present writ petition has been filed

17 years after the passing of the original order of eviction. Hence, we are unable

to fault the Writ Court for having dismissing the same on the ground of laches.

The writ appeal fails and it is accordingly dismissed. No costs. Consequently, the

connected miscellaneous petition is closed.

                                                         [R.S.M., J.]       [L.V.G., J.]
                                                                  05.06.2023
                 NCC      : No
                 Index : No
                 Internet : Yes
                 PKN

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.678 of 2023

To:

1. The Special Deputy Collector,(Revenue), O/o.The Special Revenue Deputy Collector Court, Trichy Town.

2. The District Revenue Officer, Karur District.

3. The Revenue Divsional Officer, Kulithalai Revenue Divisional Officer, Karur District.

4. The Tahsildar (Tenancy), Krishnarayarpuram Taluk Office, Kulithalai, Karur District.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.678 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

PKN

W.A.(MD) No.678 of 2023

05.06.2023

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