Madras High Court
T.Kurubatha Sundaram vs The Tirunelveli Municipal Corporation ... on 16 October, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
SA(MD)No.584 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
SA(MD)No.584 of 2024
and
CMP(MD) Nos.13243 and 13245 of 2024
T.Kurubatha Sundaram ... appellant/ appellant / plaintiff
Vs.
1.The Tirunelveli Municipal Corporation Council,
Through its Commissioner,
Tirunelveli.
2.The Assistant Commissioner,
The Tirunelveli Municipal Corporation,
Palayamkottai Zone,
Palayamkottai ... respondents/ respondents/ defendants
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil
Procedure, 1908, to set aside the judgment and decree in AS.No.56 of 2021 on
the file of the Additional Sub Judge, Tirunelveli dated 12.09.2023 confirming
the judgment and decree in OS.No.216 of 2019 on the file of the II Additional
District Munsif Court, Tirunelveli dated 05.04.2021.
For Appellant : Mr.S.Mani
For Respondents : Mr.SP.Maharajan,
Standing Counsel
1/5
https://www.mhc.tn.gov.in/judis
SA(MD)No.584 of 2024
JUDGMENT
The plaintiff in the suit has filed this second appeal as against the
judgment and decree dated 05.04.2021 passed in O.S.No.216 of 2019 by the
II Additional District Munsif Court, Tirunelveli and the judgment and decree
dated 12.09.2023 passed in AS.No.56 of 2021 by the Additional Sub Court,
Tirunelveli.
2.The appellant claims to be a tenant of the respondent corporation and
filed a suit to declare the notice issued by the respondent corporation, calling
upon this appellant to produce the relevant documents to regularise him as a
tenant, as null and void.
3.The appellant has filed the above suit as against notice issued by the
respondent Corporation in Na.Ka.No.1322-A1-2019, dated 20.05.2019. This
notice was issued in the form of a show cause pursuant to the application
submitted by the petitioner on 25.03.2019 to regularise him as a tenant that he
has been running shop No.1A of Tirunelveli Corporation, Sivankovil street for
nearly 35 years and he is a sub-lessee of one Gunasekaran. The cause of action
for the suit is that original lessee Gunasekaran along with the ex-councillor
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Umapathisivan have insisted him to vacate the shop and therefore, he has to be
regularised as a tenant of the respondent corporation with effect from
10.12.2008. The said notice was issued by the respondent corporation calling
upon the appellant to produce the relevant documents that he is the tenant of
the corporation and he has been in occupation of the shop for the past 35 years.
4.The Hon'ble Supreme Court in Union Of India And Another vs
Kunisetty Satyanarayana reported in AIR 2007 SC 906 has held that even High
Courts should not interfere with the issues at the stage of show cause notice.
The Courts ought not to have entertained the suit filed as against the show
cause notice. Unfortunately the suit filed as against this show cause notice in
the year 2019 was entertained by the trial Court and it was disposed of in the
year 2021 and the appeal filed in the year 2021 was entertained and disposed of
in the year 2023 holding that the declaration as sought by the appellant cannot
be granted.
5.This Court in view of the above discussion is not inclined to interfere
with the judgments of the Courts below. It is always open to the appellant to
establish his case in the manner known to law by producing the documents as
sought for by the respondent corporation and the respondent corporation shall
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also take a decision in accordance with the Tamil Nadu Local Urban Bodies
Act, 1998 and the Tamil Nadu Urban Local Bodies Rules, 2023, within a period
of eight weeks from the date of receipt of a copy of this judgment. No costs.
Consequently connected miscellaneous petitions are also dismissed.
16.10.2024
index : yes/ no
dsk
To
1. The Additional Sub Judge,
Tirunelveli
2. II Additional District Munsif,
Tirunelveli.
3.The Tirunelveli Municipal Corporation Council,
Through its Commissioner,
Tirunelveli.
4.The Assistant Commissioner,
The Tirunelveli Municipal Corporation,
Palayamkottai Zone,
Palayamkottai
https://www.mhc.tn.gov.in/judis
B.PUGALENDHI., J
dsk
16.10.2024
https://www.mhc.tn.gov.in/judis
