IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.3.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.Nos.141,142, 143, 144,145,146 and 147 of 2010 St. Thomas Church rep. By its Parish Priest Rev.Fr.S.Shylock Stephen Injambakkam, Chennai .. Petitioner in all the Tr. C.M.Ps. Versus Mr.Padmanabhan .. first respondent in Tr.C.M.P.No.141 of 2010
Mr.Sadayandi .. first respondent in Tr.C.M.P.No.142 of 2010 R.Arumugam .. first respondent in Tr.C.M.P.No.143 of 2010 Panchanathan .. first respondent in Tr.C.M.P.No.144 of 2010 Gowrilingam .. first respondent in Tr.C.M.P.No.145 of 2010 R.Devaraj .. first respondent in Tr.C.M.P.No.146 of 2010 R.Kuppumanickkam .. first respondent in Tr.C.M.P.No.147 of 2010 G.Gnanatheeban .. second respondent in Tr.C.M.P.Nos.141,142,143,144,145 and 146 of 2010 and sixth respondent in Tr.C.M.P.No.147 of 2010 R.Ramadoss .. second respondent in Tr.C.M.P.No.147 of 2010 G.Gnaneswari .. third respondent in Tr.C.M.P.No.141,142,144,145 of 2010 R.Ramachandran .. third respondent in Tr.C.M.P.No.147 of 2010 S.Duraisingam .. fourth respondent in Tr.C.M.P.No.141,142,144 and 145 of 2010 and third respondent in Tr.C.M.P.No.143,146 of 2010 and seventh respondent in Tr.C.M.P.No.147 of 2010 R.Valli .. fourth respondent in Tr.C.M.P.No.147 of 2010 The Tahsildar Tambaram Taluk .. fifth respondent in Tr.C.M.P.No.141,142,144 and 145 of 2010, fourth respondent in Tr.C.M.P.No.143, and 146 of 2010 and eight respondent in Tr.C.M.P.No.147 of 2010 R.Karthik .. fifth respondent in Tr.C.M.P.No.147 of 2010 The District Collector Kancheepuram District .. sixth respondent in Tr.C.M.P.No.141,142,144 and 145 of 2010 and fifth respondent in Tr.C.M.P.No.143,146 of 2010 and ninth respondent in Tr.C.M.P.No.147 of 2010
COMMON PRAYER: Petitions filed to withdraw the suits in O.S.No.284 of 2008,O.S.No.262 of 2008, O.S.No.264 of 2008, O.S.No.266 of 2008, O.S.No.268 of 2008, O.S.No.272 of 2008, and O.S.No.292 of 2008 pending on the file of the Additional District Munsif Court, at Alandur and post it before Principal District Munsif Court, at Alandur to be tried along with O.S.No.739 of 2009, O.S.No.719 of 2005, O.S.No.261 of 2008, O.S.No.263 of 2008, O.S.No.265 of 2008, O.S.No.267 of 2008, O.S.No.269 of 2008, O.S.No.271 of 2008, O.S.No.273 of 2008, O.S.No.283 of 2008, and O.S.No.291 of 2008.
For petitioner : Ms.Selvi George
C O M M O N O R D E R
These Transfer Civil Miscellaneous petitions have been filed by the petitioner praying that this Court may be pleased to withdraw the suits in O.S.No.284 of 2008, O.S.No.262 of 2008, O.S.No.264 of 2008, O.S.No.266 of 2008, O.S.No.268 of 2008, O.S.No.272 of 2008, and O.S.No.292 of 2008 pending on the file of the Additional District Munsif Court, at Alandur and post them before Principal District Munsif Court, at Alandur, to be tried along with O.S.No.739 of 2009, O.S.No.719 of 2005, O.S.No.261 of 2008, O.S.No.263 of 2008, O.S.No.265 of 2008, O.S.No.267 of 2008, O.S.No.269 of 2008, O.S.No.271 of 2008, O.S.No.273 of 2008, O.S.No.283 of 2008, and O.S.No.291 of 2008.
2. It has been stated that the petitioner church is in possession of the land situated in Survey No.13/9, (new survey No.13/10), Injambakkam Village, Tambaram Taluk, kancheepuram District, from the year, 1972. The said land, bearing new survey No.13/10, was originally classified, as ‘Mandeveli poromboke’. Originally, the petitioner church had started a social service centre in the said land. In the year 1978, St. Joseph Middle School, had been started in the said land for conducting classes for poor children and for holding prayer meetings marriage functions etc. The said school is an aided school getting financial aid from the Government. While so, the State Government had issued an order, in G.O.Ms.No.1079, Revenue Department, dated 17.11.1995, reclassifying the land in question, as Natham. Thereafter, in the year 1984, the school, which was functioning in the said land, had been shifted to Vettuvankeni, as more space was needed to satisfy the requirements of the Educational Department.
3. It has also been stated that, apart from the school building, five huts had been put up in the land to help the Tsunami affected persons, in the year, 2004. A portion of the land had also been given to the Injambakkam Panchayat, for the formation of the roads. As such, the petitioner church is in possession and enjoyment of an extent of 0.39.5 hectares, in old survey No.13/9, (new survey No.13/10). While so, one Gnanadeepam of Kodambakkam, who is a real estate promoter, had attempted to grab the property from the petitioner church. He had filed a suit, in O.S.No.719 of 2005, on the file of the Principal District Munsif Court, Alandur, praying for the relief of a bare injunction, restraining the petitioner from interfering with his possession, in respect of the suit property. The case of Gnanadeepam is that old survey No.13/9, in Injambakkam village, was allotted in favour of 28 persons, as per the proceedings of the District Collector, in R.Dis.No.119459/95 Ni, dated 27.3.1996 and that he had purchased the land from the allottees.
4. It has also been stated that, at the instance of the petitioner church, the State Government had cancelled the allotment made in favour of the individuals, vide proceedings, in Na.Ka.No.1507 of 2009(D), issued by the Revenue Divisional Officer, dated 12.8.2009, as the allottees had violated the conditions of allotment. While so, the said Gnanadeepam had filed a number of suits, through fictitious persons before the Principal District Munsif Court, Alandur, in order to defeat the rightful claims made by the petitioner church, in respect of the property in question. Nearly twenty five suits had been filed, out of which eight suits are pending on the file of the Additional District Munsif Court, Alandur and the other suits are pending on the file of the Principal District Munsif Court, Alandur. Since, all the suits are relating to the same property and as the issues arising for adjudication are similar in nature, the present transfer miscellaneous petitions have been filed before this Court, under Article 227 of the Constitution of India.
5. In view of the averments made on behalf of the petitioner and on a perusal of the records available, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for by the petitioner in the present transfer miscellaneous petitions. Since, the plaintiffs in the suits are different persons and as the petitioner church has not been arrayed as a party in the said suits, it is not open to the petitioner church to request for the transfer of the suits, as prayed for in the present petitions.
6. It is seen that the suits, filed in the year, 2008, have been filed by the concerned plaintiffs against certain private parties as well as the Tahsildar, Tambaram Taluk and the District Collector, Kancheepuram District. The petitioner church has not been shown as a defendant in the said suits. Further, it has not been shown by the petitioner church that the said suits are ripe for trial. In respect of the suit, in O.S.No.719 of 2005, filed by one G.Gnanadeepam, the parish priest of the petitioner church has been shown as the defendant. This Court, by an order, dated 22.3.2010, made in C.R.P.No.597 of 2010, has directed the learned District Munsif, Alandur, to hear and dispose of the suit, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of the said order. In such circumstances, for the reasons stated above, the transfer civil miscellaneous petitions stand dismissed. No costs. Consequently, connected M.P.Nos.1,1,1,1,1,1 and 1 of 2010 are closed.
To
1. The Additional District Munsif Court, at Alandur
2. The Principal District Munsif Court, at
Alandur