Dhanalakshmi vs C.Radhakrishnan
2023 Latest Caselaw 13511 Mad

                                                                              WA No.2704 of 2023

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED:   05.10.2023

                                                         CORAM

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
                                                             AND
                                   THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                    WA No.2704 of 2023

                     1.Dhanalakshmi
                     2.Ravichandar                                 : Appellants

                                  versus

                     1.C.Radhakrishnan

                     2.The Directorate of Tamil Nadu Town & Country Planning,
                       No.807, Anns Salai, Chennai 2

                     3.The Deputy Director of Town & Country Planning,
                       Chengalpattu Region,
                       No.124, Municipal Complex,
                       GST Road, Chengalpattu 603 001

                     4.The Sub Registrar,
                       Chengalpattu District

                     5.J.Vijay Surana                                     : Respondents


                     Prayer: Writ appeal filed under Clause 15 of the Letters Patent against
                     the order of the learned Single Judge dated 05.06.2023 in WP
                     No.34151 of 2022.

                     For the Appellants         :      Mr.L.Dhamodharan


                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                               WA No.2704 of 2023

                     For the Respondents          :     Mr.P.Muthukumar,
                                                        State Government Pleader,
                                                        assisted by Mrs.R.Anitha,
                                                        Special Government Pleader,
                                                        for respondents 2, 3 and 4


                                                         JUDGMENT

(Made by the Hon'ble Chief Justice)

This writ appeal has been filed challenging the order of the

learned Single Judge dated 05.06.2023 in WP No.34151 of 2022.

2. The learned counsel for the appellants submits that the

appellants are the original respondents 4 and 5 in the writ petition.

According to the learned counsel, the learned Single Judge ought not

to have entertained the writ petition, as there is a remedy of appeal as

against the order impugned in the writ petition. The learned counsel

submits that the authorities have rightly concluded that the power of

attorney/sale deed has been executed by force i.e. the appellants were

forcefully taken to the Sub Registrar's office and they were coerced to

execute the documents. This aspect was considered by the authorities.

However, the learned Single Judge failed to consider the said aspects

https://www.mhc.tn.gov.in/judis WA No.2704 of 2023

and has observed that only the Civil Court is competent to deal with

the nature of allegations made by the appellants. The appellants are

poor agriculturists.

3. The execution of documents is not disputed. However,

according to the appellants, the documents got executed by coercion.

The aspect of fraud, coercion, undue influence can be proved only

before the Civil Court. Pleadings will have to be made about the

exercise of coercion, and evidence will have to be led. The appellants

are not without a remedy. The appellants could very well approach the

Civil Court as may be permissible and that is what has been observed

by the learned Single Judge in the impugned order. The learned Single

Judge has observed that all the facts which are alleged by the

respondents 4 and 5/present appellants have to be established before

the Civil Court and these aspects can never be decided by the revenue

authorities.

4. If the appellants so desire, the appellants can approach the

Civil Court. Naturally, the judgment and findings given by the Civil

Court are binding on the revenue authorities. Before the Civil Court,

https://www.mhc.tn.gov.in/judis WA No.2704 of 2023

the appellants can seek all permissible reliefs.

5. The appellants are at liberty to take appropriate steps as may

be permissible under law for the said purpose. In case the appellants

succeed before the Civil Court, then, that judgment would be binding

on all the revenue authorities and the orders passed by the revenue

officials would be subject to the decision of the Civil Court.

6. With these observations, the writ appeal is disposed of. There

will be no order as to costs. Consequently, CMP Nos.22757 and 22759

of 2023 are closed.

                                                            (S.V.G., CJ.)                (D.B.C., J.)
                                                                            05.10.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     tar







https://www.mhc.tn.gov.in/judis
                                                                         WA No.2704 of 2023

                     To

1.The Sub Registrar, Chengalpattu District

2.The Directorate of Tamil Nadu Town & Country Planning, No.807, Anns Salai, Chennai 2

3.The Deputy Director of Town & Country Planning, Chengalpattu Region, No.124, Municipal Complex, GST Road, Chengalpattu 603 001

https://www.mhc.tn.gov.in/judis WA No.2704 of 2023

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar)

WA No.2704 of 2023

05.10.2023

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