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2025 DAILYLAW 66583 (MAD)

A.V. ARULMANI v. THE TAHSILDAR

CRP/2809/2025 · 2025-07-30

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

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C.R.P.No.2809 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2025 CORAM : THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.R.P.No.2809 of 2025 and C.M.P.No.15909 of 2025 1.A.V.Arulmani 2.A.V.Karthy 3.A.V.Viji ... Petitioners Vs. 1.The Tahsildar, Mannargudi Taluk, Thiruvarur District. 2.The Village Administrative Officer, Village Administrative Office, Neduvakkottai Village, Mannargudi Taluk, Thiruvarur District. 3.Rajalingam ... Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 10.10.2024 in C.C.No.70 of 2024 on the file of the District Consumer Disputes Redressal Commission, Thiruvarur. Page 1 of 8 https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 For Petitioners : Mr.Sanjay R. For R1 and R2 : Mr.D.Gopal Government Advocate For R3 : Mr.K.Jayaraman O R D E R Challenging the order passed by the District Consumer Disputes Redressal Commission, Thiruvarur, dated 10.10.2024, in C.C.No.70 of 2024, directing the 2nd respondent/Tahsildar to include the name of the 3rd respondent in the Revenue records, the present revision has been filed. 2.The complaint in C.C.No.70 of 2024 has been filed by the 3rd respondent before the District Consumer Disputes Redressal Commission, alleging that the petitioners have fraudulently obtained patta in their name in respect of S.Nos.103/2, 103/4, 103/5, 103/7, 103/8A, 103/8B, 103/9, 105/1, 106/2, 105/6. It is stated that, on application, the Revenue Divisional Officer has allowed inclusion of the name of the 3rd respondent in the Revenue records. On appeal, the District Revenue Officer also confirmed the order of the Revenue Divisional Officer. However, it is the grievance of https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 the 3rd respondent that the Tahsildar has not implemented the order. Therefore, the present complaint has been filed by the 3rd respondent before the District Consumer Disputes Redressal Commission to direct the Tahsildar to mutate the Revenue records by including the name of the 3rd respondent. 3.The said complaint has been opposed by the petitioners. However, the Commission, by order dated 10.10.2024, has ordered mutation of the Revenue records by directing the Tahsildar to include the name of the 3rd respondent in the Revenue records. Challenging the same, the present revision has been filed. 4.Heard the learned counsel on either side and perused the materials available on record. 5.At the outset, entertaining a complaint in respect of mutation of Revenue records and deciding the question as regards inclusion or omission of name in the Revenue records by the Consumer Disputes Redressal Commission, is nothing but an abuse of process of law. The 3rd respondent https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 does not come within the meaning of “consumer” under the Consumer Protection Act, 2019. As per Section 2(7) of the Act, “consumer” has been defined as follows : “2. ... (7) "consumer" means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes; https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 Explanation.— For the purposes of this clause - (a) the expression“commercial purpose” does not include use by a person of goods bought and used by him exclusively for the purposes of earning his livelihood by means of self-employment; (b) the expression “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi- level marketing;” 6.In such view of the matter, civil disputes relating to the rights of the parties and question regarding inclusion and omission in the Revenue records will not come within the ambit of Consumer Protection Act. Civil rights have to be established in the manner known to law. Admittedly, civil suit filed by the 3rd respondent in O.S.No.153 of 2005 was dismissed. An Appeal in A.S.No.30 of 2007 has been filed and the same was allowed. Challenging the same, it is stated that a Second Appeal in S.A.No.781 of 2008 is pending before this Court. Such being the position, the Consumer Disputes Redressal Commission entertaining a complaint and directing the Tahsildar to mutate the Revenue records, in the view of this Court, is nothing but abuse of process of law. The member who presides over the Consumer Forum did not even understand who is a consumer. That itself https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 shows as to how this Commission is functioning even without understanding the very ambit of the Act under which they exercise powers. 7.In such view of the matter, the impugned order of the District Consumer Disputes Redressal Commission, dated 10.10.2024, is quashed. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 30.07.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No To 1.The Registrar, State Consumer Disputes Redressal Commission, TNPSC road, Park Town, Chennai - 600 003. 2.The President, District Consumer Disputes Redressal Commission, Thiruvarur. 3.The Section Officer, https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 VR Section, High Court, Madras. N. SATHISH KUMAR, J. https://www.mhc.tn.gov.in/judis C.R.P.No.2809 of 2025 mkn C.R.P.No.2809 of 2025 30.07.2025 https://www.mhc.tn.gov.in/judis