Madras High Court
CRP/6762/2026 of D.Gunasekaran Vs Sathish Alias Saravanan on 27 October 2026
CRP No. 6762 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6762 of 2026
CNR: {HCMA012268872026}
D.Gunasekaran
Flat No.B-36, 3rd Floor,
Block C,
Sunnyvale Apartments,
No.351, Konnur High Road,
Ayanavaram,
Chennai-23
..Petitioner(s)
Vs
Sathish Alias Saravanan
No.C-38, Sunnyvale Apartments,
No.351, Konnur High Road,
Chennai-23.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the impugned objections dated 06/08/2026 issued by the Registry of the Court of Small Causes at Chennai in RLTOP SR No.6953 of 2026 and consequently direct the Registry of the Court of Small Causes at Chennai to take on file and number the Application filed by the Petitioner in RLTOP SR No.6953 of 2026 and to deal with the same thereafter in accordance with law.
For Petitioner(s):
Mr.V.Sivakumar for
M/s. P.B.Ramanujam Associates
CRP No. 6762 of 2026
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the docket order refusing to entertain the RLTOP petition filed by the petitioner on the ground that there is no registered tenancy agreement.
2. Heard the learned counsel for the petitioner and carefully perused the materials available on record.
3. The issue that is involved in the present case is squarely covered by the earlier order passed by this Court in CRP No.3985 of 2024, dated 01.10.2024 and the relevant portions are extracted hereunder:
2. The civil revision petitioner is the landlord. Invoking Section 21(2)
(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (for brevity referred to as -TNRRRLT Act-) the landlord presented an eviction petition. Even at the stage of numbering, the learned Judge following the view of this Court in S.Muruganandam Vs. Joseph reported in 2022 SCC OnLine 375 rejected the petition.
3. This is despite the fact that the attention of the learned Judge had been drawn to the subsequent view that had been taken by this Court in Andal Vs. Lawrence Swami Doss and others reported in 2024(2) CTC 423. A learned Judge of this Court, Mr.Justice V.Sivagnanam, had taken a view that even if there is a oral agreement, unless and until there is a valid agreement in
CRP No. 6762 of 2026
terms of Section 4 of the TNRRRLT Act, the petition under Section 21(2)(a) is maintainable at the time of disposal of the said revision. The learned Judge had referred to the judgment in S.Muruganandam Vs. Joseph reported in 2022 SCC OnLine 375 case and thereafter came to a conclusion that the petition is maintainable.
4. When this Court has taken a view subsequent to the order that had been passed by this Court in S.Muruganandam Vs. Joseph reported in 2022 SCC OnLine 375, the learned trial Judge ought to have followed the latter view and not rejected the petition following the former view.
4. In the case in hand, the agreement pertains to the period after the coming into force of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. Therefore, the above judgment will apply to the facts of the present case.
5. In view of the above, this Civil Revision Petition is allowed and there shall be a direction to the Registry of the Small Causes Court, Chennai to take on file the petition filed by the petitioner in RLTOP Sr.No.6953 of 2026, number the same and proceed further in accordance with law. No Costs. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
CRP No. 6762 of 2026
N.ANAND VENKATESH, J. SSR To The Court of Small Causes at Chennai. CRP No. 6762 of 2026 27-10-2026