P.Subramaniam Vs The Assistant Settlement Officer — Writ and Judicial Review | Madras HC (2026)

P.Subramaniam Vs The Assistant Settlement Officer — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Civil Revision Petition allowed with a direction to the petitioners to represent the application in IA.CFR.No.1251 of 2021 within two weeks from receipt of the originals from the Registry of this Court; thereafter the learned Principal Sub Court, Tiruppur to hear the petitioners on maintainability and pass orders on merits; Registry to return the originals to the petitioners' counsel after acknowledgment within one week of upload of the order; no costs.

Issue for consideration

Whether the Minor Inams Tribunal at Tiruppur should be directed, under Article 227 of the Constitution of India, to number IA.CFR.No.1251/2021 in CMA No.429/1969 within a time bound manner. +1 more

Court's answer

The miscellaneous petition had only been returned for representation and proper compliance; it had not been rejected, the latest return being dated 21.01.2026.

Ratio / Principle

Acting on the direction in Selvaraj vs. Koodankulam Nuclear Power Plant India (2021 4 CTC 539), the Court proceeded on the basis that, at the stage of institution of an application, the Court performs only a ministerial function and not a judicial function, and therefore cannot conduct any roving enquiry at that stage.

Key takeaways

The Civil Revision Petition was allowed with a direction to the petitioners to represent the application in IA.CFR.No.1251 of 2021 within two weeks from the date of receipt of the originals from the Registry of this Court; thereafter the learned Principal Sub Court, Tiruppur shall hear the petitioners on the maintainability of the application and pass orders on merits. No costs.ratio¶36
The Registry was directed to return the originals of IA.CFR.No.1251 of 2021 to the learned counsel for the petitioners after obtaining acknowledgment, within one week from the date of the order being uploaded on the website.ratio¶38

Detailed headnote1 paragraphs

Civil Revision Petition (CRP No. 730 of 2026, Madras High Court, P.B. Balaji, J., 16-02-2026) under Article 227 of the Constitution of India, seeking a direction to the Minor Inams Tribunal at Tiruppur to number IA.CFR.No.1251/2021 in CMA No.429/1969. The miscellaneous petition filed in CMA.No.429 of 1969 before the Minor Inams Appellate Tribunal (Principal Subordinate Judge, Tirupur) had been returned; the petitioners, claiming to be third parties in the CMA, contended that limitation could not be put against them and that a wrong provision of law was invoked. The Court found that the latest return dated 21.01.2026 was only for representation and proper compliance and was not a rejection, and, mindful of its earlier direction in Selvaraj vs. Koodankulam Nuclear Power Plant India, 2021 4 CTC 539 (at the stage of institution of an application the Court performs only a ministerial function, not a judicial function, and cannot conduct a roving enquiry), allowed the Civil Revision Petition: the petitioners were permitted to represent the application within two weeks of receipt of the originals from the Registry, after which the Principal Sub Court, Tiruppur was to hear them on maintainability and pass orders on merits; the Registry was to return the originals within one week of upload of the order; no costs.