S.Arumugam Chettiar v. The District Collector

ORDER The Civil Revision Petition is directed against the order passed in I.A.No.4 of 2022 in O.S.No.162 of 2022 dated 08.06.2023 on the file of the Sub Court, Ambasamuthiram, dismissing the commission petition.

¶2The revision petitioner/plaintiff has filed the above suit for declaration and the consequential permanent injunction, that the respondents/defendants have filed a written statement alleging that the suit properties are poramboke land and that after filing of the written statement, the revision petitioner/plaintiff has filed the commission petition in I.A.No.4 of 2022 to show the physical features of the suit properties by alleging that the respondents/defendants are attempting to encroach into his properties.

¶3As rightly observed by the learned trial Judge, the revision petitioner/plaintiff through the commission petition is attempting to show the possession of the suit properties and that cannot be permitted. Hence, the impugned order dismissing the commission petition cannot be found fault with.

¶4In the result, this Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

01.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The Sub Court, Ambasamuthiram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

¶3The District Collector, O/o. The District Collector, Tirunelveli District.

¶4The Tahsildar, Ambasumdram, Tirunelveli District. C.R.P.(MD)No.2797oofo2023 oK.MURALIoSHANKARoo,Jo. csm Orderomadeoin C.R.P.(MD)No.2797oofo2023 and C.M.P.(MD)No.14606oofo2023 Datedo:o01.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.14606 of 2023 S.Arumugam Chettiar ... Petitioner/ Petitioner/ Plaintiff Vs. 1. The District Collector, O/o. The District Collector, Tirunelveli District. 2. The Tahsildar, Ambasumdram, Tirunelveli District. ... Respondents/ Respondents/ Defendants Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 08.06.2023 passed in I.A.No.4 of 2022 in O.S.No.162 of 2022 on the file of the learned Sub Court, Ambasamuthiram. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.J.John Rajadurai Government Advocate (Civil Side)