THE COMMISSIONER Vs. TMT. SUBBUTHAYAMMAL AND ORS.

JUDGEMENT

(1.) The learned Subordinate Judge, Ramanathapuram, dismissed the application filed by the petitioner for condoning the delay in filing first appeal, notwithstanding the fact that the first respondent was given a judgment and decree by the Trial Court, declaring her title, without producing any document relating to title or possession and without any discussion on the merits of the matter. The judgment and decree of declaration was given by the Munsif Court with respect to a property shown in the revenue records as Government land and earmarked to be used as parking ground for parking the vehicles of pilgrims visiting the famous Ramanathaswamy Temple at Rameshwaram. In short, the learned District Munsif punished the petitioner for its failure to appear before the Court by passing an "automatic decree", otherwise called as "default decree".

(2.) The first respondent filed a suit in O.S. No.110 of 2000 against the petitioner and respondents 2 and 3 before the learned District Munsif, Ramanathapuram. The first respondent, in the said suit, claimed that the suit property absolutely belongs to her and as such, she is entitled to a decree of declaration and consequential injunction. The defendants, in the suit including the petitioner herein, failed to contest the matter and the same resulted in passing an ex-parte judgment and decree on 28 February, 2001.

(3.) According to the petitioner, Rameshwaram Municipality, was originally a Town Panchayat. Rameshwaram Town Panchayat was, subsequently, upgraded as a Municipality, taking into account the importance of the pilgrim city. The then Executive Officer miserably failed either to defend the suit or to file an appeal, within the time permitted by law.