T.Mohandas Vs K.Sivanandhan — Writ and Judicial Review | Madras HC (2025)

T.Mohandas Vs K.Sivanandhan — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Undertaking affidavit of the revision petitioner accepted and taken on record; petitioner to vacate the premises on or before 31.12.2025 and continue paying the rent till then; violation to attract contempt proceedings; trial Court to keep the Execution Petition in abeyance till December 2025, to be terminated if the premises are vacated and continued otherwise; Civil Revision Petition disposed of with no costs.

Issue for consideration

Whether the Civil Revision Petition challenging the order in RLTRA No.2 of 2024 (confirming RLTOP No.1 of 2021) ought to be entertained by this Court. +1 more

Court's answer

Finding no merit when the matter came up for admission, this Court declined to entertain the Civil Revision Petition.

Ratio / Principle

The undertaking affidavit filed by the revision petitioner is taken on record and accepted.

Key takeaways

The revision petitioner shall vacate the premises on or before 31.12.2025 and, till such time, shall continue to pay the rent.ratio¶33
In the event of any violation of the undertaking given before this Court, the revision petitioner will be proceeded against for contempt.ratio¶33
The trial Court shall keep the Execution Petition in abeyance till December 2025; thereafter, if the petitioner vacated the premises, the Execution Petition shall be terminated, and otherwise it shall be continued.ratio

Detailed headnote1 paragraphs

Madras High Court (N. Sathish Kumar, J.) disposed of a civil revision petition under Article 227 of the Constitution of India challenging the order and decreetal order dated 30.04.2025 in RLTRA No.2 of 2024, which had confirmed the order dated 30.08.2024 in RLTOP No.1 of 2021 passed by the learned District Judge at Udhagamandalam. Finding no merit at the admission stage itself, the Court declined to entertain the revision. On the petitioner's undertaking affidavit to vacate the premises on or before 31.12.2025 and to keep paying the admitted rent to the respondents till then without default, the Court took the affidavit on record and accepted it. The Court directed that the revision petitioner shall vacate the premises on or before 31.12.2025 and continue paying rent till such time; any violation of the undertaking would invite contempt proceedings. The trial Court was directed to keep the Execution Petition in abeyance till December 2025, to terminate it if the petitioner vacated the premises, and to continue it otherwise. The Civil Revision Petition was disposed of with no costs. The respondents had not been served with notice.

CRP(NPD) No. 2426 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

CRP(NPD) No.2426 of 2025 and

CMP No.13936 of 2025

T. Mohandas

... Petitioner

Vs.

K. Sivanandhan

Nadeemsait ... Respondents

Prayer : Civil Revision petition has been filed under Article 227 of the Constitution of India to set aside the order and decreetal order dated 30.04.2025, made in RLTRA No.2 of 2024 confirming RLTOP No.1 of 2021 order dated 30.08.2024 on the file of the learned District Judge at Udhagamandalam.

For Petitioner : Mr. M. Rajasekar

ORDER

Challenge has been made to set aside the order and decreetal order

made in RLTRA No.2 of 2024 dated 30.04.2025.

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CRP(NPD) No. 2426 of 2025

When the matter came for admission itself, finding the merits, this

Court is not willing to entertain the revision.

At this stage, the learned counsel appearing for the petitioner filed an affidavit of undertaking filed by the revision petitioner stating that he will vacate the premises on or before 31.12.2025. He had also stated in the affidavit that he will pay the admitted rent to the respondents till then, without any default.

The respondent has not been served any notice.

The learned counsel appearing for the petitioner would submit

that taking note of the delay that may occur in further course, instead of relegating the parties to the executing Court, undertaking affidavit filed by the petitioner may be accepted and taken on record.

The undertaking affidavit filed by the revision petitioner is taken

on record and the same is accepted.

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CRP(NPD) No. 2426 of 2025

Accordingly, the revision petitioner shall vacate the premises on

or before 31.12.2025 and till such time, he shall continue to pay the rent. It is made clear that in the event of any violation of the undertaking given before this Court, the revision petitioner will be proceeded for contempt. The trial Court shall keep in abeyance the Execution Petition till December 2025. Thereafter, in the event, the petitioner vacated the premises, the Execution Petition shall be terminated. Otherwise, the Execution Petition shall be continued.

8. With the above directions, this Civil Revision Petition is

disposed of. No costs.

24.06.2025

mrp

To

The District Judge, Udhagamandalam, Nilgiris District.

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CRP(NPD) No. 2426 of 2025

N. SATHISH KUMAR, J.

mrp

CRP No.2426 of 2025

24.06.2025

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