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2025 DAILYLAW 41887 (MAD)

Senthamarai v. K.BALAN

CRP/1592/2025 · 2025-04-17

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.(PD) No.1592 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 17.04.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.(PD) No.1592 of 2025 Senthamarai ... Petitioner Vs. 1.K.balan 2.B.Nagarathinum 3.B.Loganathan 4.M.Latha 5.M.Meena 6.B.Selvakumar 7.B.Karthikeyan ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order of rejection of M.P.S.R.No.13501 of 2025 in R.C.O.P.No.1655 of 2016 on the file of learned XI Judge, Court of Small Causes, Chennai, dated 21.03.2025. For Petitioner : Mr.T.S.Rajamohan 1/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD) No.1592 of 2025 ORDER Challenging the order rejecting M.P.SR.No.13501/2025 in RCOP.No.1655/2016, without numbering the same, the petitioner is before this Court. 2. A perusal of the operative portion of the order would indicate that the said application in MPSR.No.13501/2025 has been rejected on the ground that the petitioner has not deposited the rents. The very premise on which the application has been rejected is erroneous since the petitioner has been remitting the rents into the Court and thereafter, with the orders from the Court, the amounts are directly remitted to the owners, all of which are borne out by records. 3. The learned Judge has exceeded his jurisdiction while rejecting the said MP.SR which has been filed to re-open the evidence of the land owners. The learned Judge has failed to appreciate that while numbering the application, the Court cannot don its judicial cap as it is only dealing with the petition on the administrative side. That apart, the basis on which the 2/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD) No.1592 of 2025 petition has been rejected is flawed. 4. To conclude, the civil revision petition is allowed and the order of the learned XI Judge, Court of Small Causes, Chennai, dated 21.03.2025 in rejecting MP.SR.No.13501/2025 in RCOP.No.1655/2016 is set aside. The learned XI Judge, Court of Small Causes, Chennai, is directed to number MP.SR.No.13501/2025. No costs. Consequently, connected miscellaneous petition is closed. 17.04.2025 Index : Yes / No Neutral Citation : Yes / No ds To: 1.The Judge XI Judge, Court of Small Causes, Chennai. 2.The Section Officer VR Section, High Court, Madras. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD) No.1592 of 2025 P.T. ASHA, J, ds C.R.P.(PD) No.1592 of 2025 17.04.2025 4/4 https://www.mhc.tn.gov.in/judis