Kamaraj v. Kathirvel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.156 of 2026 and CMP.No.689 of 2026 Kamaraj ... Petitioner Vs.

1. Kathirvel

2. Chinnappillai

3. Periyasami 4.Palanichami 5.The District Collector District Collector's Office Perambalur District.

6. The Revenue Divisional Officer Alathur Taluk, Perambalur District.

7. Kandhasamy.

...Respondent

PRAYER :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside order and decreetal order dated 17.10.2025 passed in I.A.No.4 of 2024 in O.S.No.164 of 2021 on the file of the Sub Court at Perambalur.

For Petitioner : Mr.G.Periya Perumal For Respondent : Mr.N.Muthuvel for R5 and R6 Government Advocate 1/4

ORDER

The Civil Revision Petition is filed challenging the order passed by the trial court dismissing the application filed by the petitioner seeking appointment of Advocate Commissioner to measure the property with the help of Surveyor.

2. The petitioner herein filed a suit for declaration. He filed instant application seeking appointment of Advocate Commissioner and the same was dismissed by the trial court. Aggrieved by the same, the petitioner has come before this court.

3. A perusal of the affidavit filed by the petitioner would indicate that he has not stated any reason for appointment of Advocate Commissioner to conduct local inspection. The only reason given by him in the affidavit was the report submitted by the Advocate Commissioner would reduce oral and documentary evidence. Such a vague averment is not sufficient to appoint Advocate Commissioner in the absence of any dispute with regard to the location of the property. The trial court citing vague averment in the affidavit rightly dismissed the application. I do not find any error in the order passed by 2/4

the trial court. Accordingly, the civil revision petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 19.01.2026 Index : Yes / No Internet : Yes / No nr To

1. The Sub-Court, Perambalur

2. District Collector's Office Perambalur District.

3. The Revenue Divisional Officer Alathur Taluk, Perambalur District.

3/4

S.SOUNTHAR , J.

nr CRP.No.156 of 2026 and CMP.No.689 of 2026 19.01.2026 4/4