R.Kulantaivel v. the Commissioner
Case brief
What is this about?
The Court disposed of a Writ Appeal challenging the eviction of an appellant who claimed status as a cultivating tenant through his deceased father. The Court directed the appellant to pay Rs. 1,000 per acre for the disputed land within four weeks. Compliance allows the Tahsildar to decide the pending application regarding the appellant's status as a legal heir.
What did the court decide?
Appellant directed to pay Rs. 1,000 per acre rent within four weeks; matter remanded to Tahsildar for decision on legal heir status post-payment.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.3410/2019 and CMP.Nos.21939 and 22133/2019
R.Kulantaivel ... Appellant
-vs-
1.The Commissioner,
HR & CE Department, Uthamar Gandhiadigal Salai, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner,
HR & CE Administration Department,
Salem-1.
Issues for consideration
3 issues framed by the court
Whether the appellant, a presumptive legal heir of a declared cultivating tenant, can be treated as an encroacher despite the refusal of the Trustee to accept rent.
Whether the appellant must pay a fixed reasonable rent to secure the pendency of his application for recognition as a legal representative of the deceased tenant.
Whether the Writ Appeal challenging the eviction and encroacher status should be disposed of by giving the appellant an opportunity to pay rent.
Parties & counsel
- appellant
R.Kulantaivel
- respondent
The Commissioner, HR & CE Department
- respondent
The Joint Commissioner, HR & CE Administration Department
- respondent
Arulmigu Mariamman and Karthirayaswamy Temple
Coram
Case details
As recorded by the court registry
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