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2010 DIGILAW 2822 (MAD)

M. Manrosi v. The Hereditary Trustee Arulmigu Thiruvaleeswarar Koil

2010-07-12

G.RAJASURIA

body2010
Judgment :- 1. Inveighing the order dated 20.07.2009 passed by the Revenue Court, Cuddalore in summarily returning Miscellaneous Application No.7 of 2009 and connected applications filed by the revision petitioner in PTA No.238 of 2003 pending on the file of the Revenue Court, this civil revision petition is focussed. 2. Heard both sides. 3. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: The respondent herein filed application under Section 151 of CPC r/w Rule 44 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural lands) Rules of 1962 before the Revenue Court/an Authorised officer and it appears as per the submission of the learned counsel for the revision petitioner, an exparte order of eviction was passed as against the revision petitioner; however, the revision petitioner came to know about the same, according to her, only during the year 2009; whereupon an application under Section 5 of the Limitation Act r/w Rule 44 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural lands) Rules 1962 was filed for condoning the delay of 807 days in filing the petition to get set aside the exparte order of eviction dated 30.03.2007. But the revenue authority concerned without even numbering the said application simply returned it with the following endorsement: TAMIL 4. Being aggrieved by and dissatisfied with the said return, this revision has been filed invoking Article 227 of the Constitution of India. The fact also remains that my learned predecessor in MP No.1 of 2009, which is one with the following prayer :- to grant interim injunction restraining the respondent, its men, agents and servants from dispossessing the petitioner from the lease lands i.e.1.75 acres in S.Nos.292/1, 0.33 acres in S.No.299/2, 0.73 acres in S.No.303/3 and 0.63 acres in S.No.360/3 totalling to 3.44 acres of agricultural lands all of Chitrasur Village, Ponneri Taluk, Thiruvallur District subject matter in M.A.7 of 2009 in PTA 238 of 2003, Assistant Commissioner, Revenue Court, Cuddalore, pending the above CRP, granted interim order dated 09.02.2010 as under: "There shall be an order of interim stay subject to the condition that the petitioner should deposit a sum of Rs.15,000/- to the respondent/Arulmighu Thiruvaleeswarar Koil, within a period of six weeks, from the date of a receipt of a copy of this order. Failing which, the interim stay granted herein shall stand vacated automatically, without any reference to this court. Notice." 5. The learned counsel for the revision petitioner also would submit that in compliance with the said order a sum of Rs.15,000/-(Rupees fifteen thousand only) was paid to the respondent by way of demand draft. The grievance of the revision petitioner, as aired by the learned counsel for the revision petitioner, is that the purpose of having filed this revision is only to obtain direction from this court to the revenue authority to number the said application and not for any other remedy. 6. Whereas the learned counsel for the respondent would submit that much water has flown under the bridge. After taking possession of the immovable property concerned the revenue authority had leased out the property after auction and a new lessee is in possession of that property. 7. Be that as it may, these are all factual issues. Now this court is concerned only with the fact as to whether the said petition under Section 5 of the Limitation Act r/w Rule 44 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural lands) Rules 1962 having returned with the aforesaid endorsement by the revenue authority concerned could be adhered to be pressed as per law by the said authority. 8. I am of the view that the revenue authority is enjoined to number that application and hear both sides and pass orders as per law. 9. As such, I am of the considered view, that this revision may be disposed of by giving the following direction: The petitioner shall take back the said application under Section 5 of the Limitation Act r/w Rule 44 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural lands) Rules 1962 from this court along with other related papers and represent the same before the Revenue Authority on or before the end of this month i.e.July 2010. Whereupon the revenue authority concerned shall number the application under Section 5 of the Limitation Act r/w Rule 44 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural lands) Rules 1962 and after giving notice to the other side the matter on merits and dispose of the same as per law untrammelled and uninfluenced by any of the observations made by this court in passing this order. Accordingly, the interim order granted on 09.02.2010 shall stand expired by this order. 10. With the above direction, this civil revision petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. Registry is directed to return the relevant papers to the learned counsel for the revision petitioner immediately.