[Cites 3, Cited by 0]
Madras High Court
M.Abdul Latheef vs The Village Administrative Officer on 8 April, 2026
CRP No. 375 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
CRP Nos. 375, 379 & 380 of 2019
and CMP.No.2621 of 2019
CRP.No.375 of 2019
M.Abdul Latheef
S/o Janab Sheikh Mahaboof Sahib
..Petitioner(s)
Vs
1. The Village Administrative Officer
No.130, Selaiyur Village, Tambaram Tk,
Ch-73.
2. The Revenue Officer
Tambaram Tk, Tambaram, Chennai-73
3. The Tahsildar
Tambaram Tk, Ch-73
4. The Commissioner Of Police
Egmore, Ch-8
5. Kanniyappan
S/o Shanmugam.
6. E.Mani
S/o Ellaiyappan
7. M.Rani
W/o E.Mani
8. S.Rajan
S/o T.Srinivasan
9. Ekambaram
10.Kumar
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CRP No. 375 of 2019
11.Devandiran
12.The Collector
District Of Kancheepuram.
..Respondent(s)
PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution
of India, to set aside the order passed by the Learned Sub Judge in Unnumbered
IA/SR No.15903/2018 in OS No.171/2010 order dt. 05/01/2019 and may be
pleased to allow the CRP and direct to number the aforesaid unnumbered IA
/SR No.15903/2018 in OS NO.171/2010 on the file of the Sub court,
Tambaram, Chennai -73.
For Petitioner(s): Mr.R.W.H.Ghyaz Ahmed
For Respondent(s): Mr.N.Muthuvel for RR1 to 4 & 12
Mr.T.Thiyagarjan for RR8 and 11
RR5 to 7, 9 & 10 – No appearance
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ORDER
It is stated by the learned counsel for the respondents in which the suit in
O.S.No.171 of 2010 pending on the file of the Court of Subordinate Judge,
Tambaram had been dismissed for default on 08.04.2024.
2. From the records, it could be seen that when the CRP was admitted, a
time bound interim stay was granted to the proceedings of the suit which was
also extended by the orders of this Court in 28.06.2021 directing notice to the
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respondents returnable by 16.07.2021 and extending the same till then. The
Revision had not been listed thereafter and when the matter was listed on
01.07.2025, this Court directed the Registry to put up the application for
substituted service, if the same was in order and adjourned the matter to
08.07.2025 and extended the interim order till then.
3. Again, the matter came to be listed on 21.07.2025 directing paper
publication on the respondents and extended the interim order till the next date
of hearing namely 12.08.2025. When the matter was further listed on
12.08.2025, acceding to the request of the petitioner, the matter was adjourned
to 26.08.2025 and the interim stay was also extended till then.
4. The learned counsel appearing for the petitioner would also submit that
he had filed a Memo, dated 30.10.2023 before the Trial Court indicating the
pendency of the Revision and the interim order granted by this Court. The suit
had been dismissed for default during the pendency of the Revision. It is to be
noted that even the interim stay was granted and was extended till a particular
date and thereafter, it was not listed before this Court.
5. It is relevant to be noted that the Hon’ble Apex Court in the judgment
reported in 2018 (16) SCC 299 in the case of Asian Resurfacing of Board
Agency Pvt., Ltd., and Another Vs Central Bureau of investigation. An
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anomalous situation had arisen in view of the dismissal of the suit which this
Court is of the view could also be rectified by permitting the petitioner to take
out an application to restore the suit and if the same is taken, the Court below
shall also take into consideration the stay granted by this Court and without
standing on technicalities expedite the disposal of the said petition. Since, the
petitioner has knowledge of the dismissal during the Court proceedings, the
Court below shall also not insist an application under Limitation Act for filing
an application under Order IX Rule 9.
6. List the Revision for hearing during first week of June, 2026.
08-04-2026
GBA
Note: Issue order copy on 09.04.2026.
To
The Sub court, Tambaram, Chennai -73.
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K.KUMARESH BABU, J.
GBA
08-04-2026
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