Balamani v. The State of Tamilnadu

ORDER This Civil Revision Petition has been filed, challenging the impugned order dated 21.01.2026 passed by the District Munsif Court, Sulur, Coimbatore District, in I.A. No. 7 of 2025 in O.S. No. 93 of 2024.

¶2The petitioner is the plaintiff in the suit, O.S. No. 93 of 2024, on the file of the District Munsif Court, Sulur, Coimbatore District. The suit has been filed by the petitioner/plaintiff, seeking for permanent injunction. During the pendency of the suit, I.A. No. 7 of 2025 was filed by the petitioner, seeking for appointment of an Advocate Commissioner to measure the suit property and point out the road with the assistance of a qualified private surveyor and a civil engineer using a Natham Map and also R.S.R.

¶3The said application was partly allowed by the District Munsif Court, Sulur, by appointing an Advocate Commissioner to measure the suit property with the assistance of the Taluk Surveyor and Village Administrative Officer. However, the specific request of the petitioner to engage a qualified private surveyor and Civil Engineer has been rejected under the impugned order.

¶4The petitioner contends that since a contempt petition has already been filed by the petitioner against the Revenue Officials, his interest will be prejudiced if the survey is conducted by the Taluk Surveyor and the Village Administrative Officer alone. Therefore, the petitioner contends that a Civil Engineer and a private surveyor will have to be appointed in place of the Taluk Surveyor and the Village Administrative Officer.

¶5No prejudice will be caused to any of the parties, if in addition to the Taluk Surveyor and the Village Administrative Officer, a qualified surveyor of the choice of the petitioner is allowed to accompany the Taluk Surveyor and the Village Administrative Officer for the purpose of surveying the suit schedule property.

¶6Mr. V. Balakrishnan, learned Government Advocate accepts notice on behalf of the respondents. He has also not raised any serious objection, if in addition to the Taluk Surveyor and the Village Administrative Officer, a qualified surveyor is appointed to accompany the Taluk Surveyor and the Village Administrative Officer while surveying the suit schedule property.

¶7For the foregoing reasons, this Court, without interfering with the impugned order, disposes of this Civil Revision Petition by permitting the petitioner to engage the service of a qualified surveyor, who shall accompany the Taluk Surveyor and the Village Administrative Officer as per the impugned order to survey the suit schedule property in accordance with the direction issued by the District Munsif Court, Sulur, Coimbatore District, in I.A. No. 7 of 2025 in O.S. No. 93 of 2024 through the impugned order dated 21.01.2026. No Costs. Consequently, connected miscellaneous petition is closed. 29-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To The District Munsif Court, Sulur, Coimbatore District. ABDUL QUDDHOSE J. ab and CMP No. 19080 of 2026 29-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and CMP No. 19080 of 2026 1. Balamani W/o. late. Manickam, No.5/57, Mariyamman Koil St, Kaniyur, Sulur Taluk, Coimbatore. Petitioner(s) Vs 1. The State of Tamilnadu by its District Collector, Coimbatore. 2.The Tahsildar Sulur. 3.The Block Development Officer Sulur. 4.The President Kaniyur Village Panchayat. Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 21.01.2026 passed in IA No.7 of 2025 in OS No.93 of 2024 on the file of District Munsif Court, Sulur, Coimbatore District and allow the CRP. For Petitioner(s): Mr.S.Gunaseelan For Respondent(s): Mr. V. Balakrishnan Government Advocate for R1 to R4