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Madras High CourtCRP/253/2017dismissed

Amuthavlli @ Valliammal v. The State Rep.By Its

2017-01-30Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2017

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA CRP(PD).No.253 of 2017 and CMP.No.1096 of 2017 Amuthavalli @ Valliammal

...Petitioner

Versus

1. The State rep. by its District Collector District Collector Office Thummankurichy Namakkal District, Namakkal.

2. The Tahsildar Tahsildar Office Rasipuram Taluk and Town Namakkal District.

3. The Executive Officer Arulmighu Mariamman Thirukoil Rep. by its Executive Officer Theangal Palayam, Arulmighu Athanoor Amman Tirukoil Office Athanoor Post, Rasipuram Taluk, Namakkal District.

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the

Constitution of India to set aside the order dated 26.08.2016 made in I.A.No.61 of 2016 in O.S.No.25 of 2012, on the file of the SubCourt, Rasipuram. For Petitioner :

Mr.N.Anand Venkatesh

ORDER

The plaintiff is the revision petitioner challenging the order, refusing to appoint a Commissioner in a suit for permanent injunction.

2. The allegations of the plaintiff is that the suit P Schedule property is in possession of the defendant / temple and got it by adverse possession. The plaintiff is enjoying the suit property along with the property described in P Schedule. Now, the appointment of Commissioner is sought for by the plaintiff to note down the physical features to explain to the Court about the possession of the plaintiff.

3. It is settled fact that the commissioner cannot be appointed to find out the factum of possession. The plaintiff has to

independently establish the possession in a suit for injunction. There is also no dispute to the measurement or the extent of the land in dispute. Therefore, the trial Court has rightly dismissed the application which does not warrant any interference. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 30.01.2017 Index : Yes / No Internet : Yes / No mk To The Sub-Judge, Sub-Court, Rasipuram.

PUSHPA SATHYANARAYANA.J mk

CRP(PD).No.253 of 2017 30.01.2017 http://www.judis.nic.in