Petitioner challenged a notice under Article 226 seeking to quash a call for documents regarding tenancy rights application. The Court held that bypassing the revenue enquiry and filing a writ is untenable.
The writ petition was dismissed and the impugned notice was allowed to stand.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.30321 of 2019 and W.M.P.No.30311 of 2019
Coimbatore Gengadiga Okkaliga
Perur Madam Thoppu Paribalana Sabai,
Perur, Coimbatore, Rep.by its President D.Sivasubramanian. .. Petitioner Coimbatore 641 010 /versus/
1.The Tahsildar and Record Officer, (Tenancy Records), Perur, Coimbatore-641 010. 2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore-641 018.
3.S.Shanmugam .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Certiorari, calling for the records relating to the proceedings in T.R.No.1 of 2019/A2 dated 25.01.2019 on the file of the first respondent herein and to quash the same.
For Petitioner : Mr.Elizabeth Ravi For Respondents : Mr.N.Inbanathan, AGP for R1 Mr.M.Maharaja, SGP(HR&CE) for R2 --------O R D E R
By consent, the main writ petition is taken up for final disposal at the admission stage itself.
said land and established coconut thope, which was permitted to be used by the 3rd respondent for license for a period of six years commencing from 11.03.2004 to 10.03.2010. The 3rd respondent herein illegally taken the possession of the thope by an act of encroachment and sought for tenancy right before the Tahsildar, Perur. Already a writ petition to issue Mandamus directing the 2nd respondent to consider the petition given to the 2nd respondent on 27.07.2016 is pending in W.P.No.5174 of 2018. While so, when the 2nd respondent has taken up the petition for enquiry, the 3rd respondent has thought fit delay the enquiry and to squat over the property, given a representation to the Tahsildar for issuing cultivating tenancy right. Hence, the present writ petition to quash the notice sent by the 1st respondent dated 21.01.2013 inviting parties interested to produce documents in their favour in order to consider the application given by the 3rd respondent.
Sd/Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
rpl
To
1.The Tahsildar and Record Officer, (Tenancy Records), Perur, Coimbatore-641 010.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore-641 018.
+1cc to Mr.elizabeth Ravi , Advocate SR.No. 89152 +1 cc to Government Pleader(HR & CE) Sr.No. 89281 +1 cc to Government Pleader Sr.No. 89692 W.P.No.30321 of 2019 and W.M.P.No.30311 of 2019 A.SK(02/12/2019)
1 issue framed by the court
Whether the writ petition filed to quash the notice issued for enquiry into tenancy rights without participating in the field enquiry is maintainable.
1 provisions across 1 enactments
Coimbatore Gengadiga Okkaliga Perur Madam Thoppu Paribalana Sabai Rep.by its President D.Sivasubramanian
The Tahsildar and Record Officer (Tenancy Records)
The Joint Commissioner Hindu Religious and Charitable Endowment Department
S.Shanmugam
Dr.Justice G.Jayachandrghan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
