Anitha v. Mohan
Case brief
What is this about?
A revision petition sought to strike off a civil suit filed by plaintiffs challenging a revenue order cancelling their patta. The court held the suit was barred by statute and constituted an abuse of process as revenue remedies were exhausted, allowing the revision to strike off the suit regardless of procedural errors.
What did the court decide?
The civil revision petition was allowed and the civil suit O.S.No.195 of 2011 was struck off from the District Munsif Court, Chengalpattu.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.02.2017
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
CRP(PD)No.1781 of 2012 and
M.P.No.1 of 2012
Anitha .. Petitioner
Vs.
1.Mohan
- 2.Kandasamy
3.The District Collector, Kanchipuram.
4.The Tahsildar, Chengalpattu Taluk, Chengalpattu.
Issues for consideration
3 issues framed by the court
Whether a civil suit challenging an entry in a patta passbook is maintainable despite Section 14 of the Tamil Nadu Patta Passbook Act, 1983 barring such suits.
Whether the filing of a civil suit when alternate remedies via revenue authorities were exhausted constitutes an abuse of the process of court.
Whether the High Court can exercise its superintendence power under Article 227 of the Constitution to strike off a civil suit found to be an abuse of process.
Parties & counsel
- petitioner
Anitha
- respondent
Mohan
- respondent
Kandasamy
- respondent
District Collector, Kanchipuram
- respondent
Tahsildar, Chengalpattu Taluk, Chengalpattu
Case details
As recorded by the court registry
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