S.Venkatasalam v. Rajagopal

ORDER Challenging the impugned order passed in IA No. 4 of 2024 in OS No.27 of 2024 passed by the learned Subordinate Judge, Rasipuram, the Revision Petitioners/defendants 1 to 3 have preferred this Civil Revision Petition.

2.Before the trial court, the Revision Petitioners/plaintiffs 1 to 29 have filed an application seeking to appoint an advocate commissioner along with Surveyor to measure the suit schedule property as well as the properties belonging to them and the 31st respondent herein as per parent document dated

02.03.1925 comprised in Survey Nos. 366/5A, 5B and 5D, 'A' schedule property of the said application and also sought to identify and record the alleged encroachments said to have been made by them and the 31st respondent Page8 of 10 in the 'C' schedule property and to note down the physical features of suit schedule property. The said application was allowed by the trial judge holding that the reason stated in the application was satisfied and appointed an advocate commissioner, however the defendants have not submitted any objections. Aggrieved over that, the revision petitioners/defendants 1 to 3 have preferred this Civil Revision Petition.

3.The learned counsel for revision petitioners/defendants 1 to 3 would submit that in order to collect evidence, the plaintiffs wanted to appoint an Advocate Commissioner, which is not permissible under law. Further, he would submit that in respect of the relief claimed in the suit for declaration, the plaintiffs have to prove their defence, but not as per the report of Advocate Commissioner. It is the settled proposition. But, without considering the same, the trial judge had erroneously allowed the application. Hence, he prayed to set aside the findings of trial judge.

¶4The learned counsel for respondents 1 to 8, 10 to 29 and 21 to 29 would submit that the suit properties are under their possession long back and for several decades they are in enjoyment of the properties, but now the defendants are causing disturbance and in order to identify the alleged encroachment, they wanted to appoint an advocate commissioner and the application was rightly allowed by the trial judge. Hence, he prayed to dismiss this Civil Revision Petition. Page9 of 10

5.Heard and considered rival submissions made on either side and perused the materials available on record.

6.Considering both side submissions, the fact reveals that before the trial court, in the year 2018, the plaintiffs have filed the suit for the relief of declaration and other consequential relief. The defendants have also contested the same. In the meanwhile, they have filed an application seeking for appointment of Advocate Commissioner, but the defendants have not raised any objections. So, the trial judge appointed the Advocate Commissioner. But, now the defendants have raised objections stating that for collection of evidence, they came forward with the said application. However, to prove their case, the plaintiffs are entitled to file the said application, since the suit was filed in the year of 2018. Therefore, the findings rendered in IA No. 4 of 2024 in OS No. 27 of 2024 passed by the Subordinate Judge, Rasipuram is confirmed and this Civil Revision Petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed. 17-04-2026 Index: Yes/No Speaking/Non-speaking order RPP To The Subordinate Judge, Rasipuram. CRPoNo.o5944oofo2025 T.V.THAMILSELVIoJ. RPP CRPoNo.o5944oofo2025 AND CMPoNO.o29332oOFo2025 17-04-2026 Page10oofo10

Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-04-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 29332 OF 2025 1. S.Venkatasalam S/O. Sukkiramnai Udayar, NO.34/5, Near Karuppanar Kovil, Pitchappa Udayar Thottam, Pattanam Post, Rasipuram Taluk, Namakkal District. 2. V.Shanmugavalli, W/o. Venkatasalam, No. 34/5, Near Karuppanar Kovil, Pitchappa Udayar Thottam, Namakkal District 3. V.Mathiarasu, S/o. Venkatasalam, No. 34/5, Near Karuppanar Kovil, Pitchappa Udayar Thottam, Namakkal District ..Petitioner(s) Vs 1. M. Rajagopal S/O. Late Muthudaiyar, No.1/1A-5, Ellappa Street, No.3, Rasipuram Post and Taluk, Namakkal District. 2. R.Tamilmani, W/o. Rajendran, No. 37/112, Periyakadu, R. Puduppalayam Post, Page2 of 10 3. C.Meenakshi, W/o. Late Chinnathambi, No. 56, Karuppanar Kovil Street, 4. C.Selvam, W/o. Late Chinnathambi, No. 133/12, School Street, 5. C.Sekar, S/o. Late Chinnathambi, No. 56, Karuppanar Kovil Street, Namakkal District 6. C.Rajendran, S/o. Late Chidambaram, No. 66/2, Pavathal Kovil Street, Namakkal District 7. S.Jayanthi, W/o. Late Subramani, No. 66/38B, Karuppayi Thottam, Pavathal Kovil Street, Pattanam Post, 8. S.Indirajith, S/o. Late Subramani, No. 66/38B,Karuppayi Thottam, Pavathal Kovil Street, Pattanam Post, Rasipuram Taluk, Namakkal District 9. S.Sivabakyam, D/o. Late Santhappa Udayar, No. 3/4, 3rd Ward, Vadugam, Muniyappampalayam Post, Kutchikadu, Pattanam, Rasipuram Taluk, Page3 of 10 10.V.Vasantha, D/o. Late Vaidiyalingam, No. 24, Near Manickam Hospital, Arignar Anna Salai, Rasipuram Town and Taluk, Namakkal District 11.V.Karikalan, S/o. Late Vaidiyalingam, No. 6/7, Kutchikadu, Vadugam, Muniyappampalayam Post, Pattanam, Rasipuram Taluk, 12.S.Rathinam, D/o. Late Santhappa Udayar, No. 69/71B, School Street, Pattanam Post, 13.S.Chakravarthy, S/o. Late M. Sivanandam, No. 6/2A-1, Lakshmanasami Street, Vijayalakshmi Puram, Ambattur, Chennai 53. 14.S.Thangadurai, S/o. Late M. Sivanandam, No. 69/71B, School Street, Namakkal District 15.V.Chellammal, W/o. Late Velayutham, No. 49/4, Karuppanar Kovil Thottam, 16.V.Rani, D/o. Late Velayutham, No. 49/4, Karuppanar Kovil Street, Pattanam Post, Rasipuram Taluk, Page4 of 10 17.K.Mookayi, W/o. Late Kandhasamy, No. 1-281, Udaiyar Kaadu, Periyeri Village, Thalaivasal Taluk, Salem District 18.N.Kannammal, W/o. Late Nadesan, No. 56/61, Karuppanar Kovil Street, Namakkal District 19.N.Karthikeyan, S/o. Late Nadesan, No. 56/61, Karuppanar Kovil Street, 20.N.Geetha, W/o. Sukumar, No. 64, Mettukadu, 21.K.Ganesan, S/o. Late Kandhasamy Udayar, No. 47, North Street, 22.S.Shanthi, W/o. Late Sambath, No. 1-281, Udaiyar Kaadu, Periyeri Village, Thalaivasal Taluk, Salem District. 23.S.Prabhakaran, S/o. Late Sambath, No. 1-281, Udaiyar Kaadu, Periyeri Village,Thalaivasal Taluk, Salem District. Page5 of 10 24.M.Ammani, W/o. Murugakrishnan, D/o Late Thandavaraya Udayar, No. 4/2, Pavathal Kovil Street, 25.V.Manickam, S/o. Late Vaiyapuri, No. 31/4, K.V.K. Colony, 26.V.Subramani, S/o. Late Vaiyapuri, No. 48/4, Karuppanar Kovil Street, Pattanam Post, Rasipuram Taluk, 27.T.Muthammal, W/o Late Kumarasamy, No. 76/4, Karuppanar Kovil Street, Sundapatti Kaadu, Pattanam Post, 28.K.Subramani, S/o Late Kumarasamy, No. 76/4, Karuppanar Kovil Street, Sundapatti Kaadu, Pattanam Post, 29.K.Ramasamy, S/o Late Kumarasamy, No. 76/4, Karuppanar Kovil Street, Sundapatti Kaadu, Pattanam Post, Rasipuram Taluk, Namakkal District 30.R.Susheela, D/o Late Ramasamy, Balappa Udayar Thottam, Page6 of 10 31.R.Jayamani, D/o Late Ramasamy, Near Karuppanar Kovil, Pitchappa Udayar Thottam, 32.V.Raja, S/o Late Velayutham, No. 49/4, Karuppanar Kovil Thottam, 33.S.Karunakaran, S/o Late Sambath, No. 254/36, Karuppanar Kovil Street, Sundapatti Kaadu, Pattanam Post, 34.B.Sobi, W/o Bharathwaj, Koneripatti, Maharaja Nagar, Rasipuram Taluk, 35.The Tahsildar, Office of the Tahsildar, Rasipuram. 36.Revenue Divisional Officer, Office of the RDO, Mohanur Road, Namakkal 37.The Government of Tamil Nadu, rep. B