Narikuravarkal Sangam v. R.Sujatha Balu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2385 of 2016 and C.M.P.No.12336 of 2016 Narikuravarkal Sangam represented by K.Dhanalakshmi ... Petitioner/Defendant/Petitioner vs 1.R.Sujatha Balu 2.Lalkudi Ramanarayan represented by Power Agent M.S.Sivasubramanian ... Respondents/Plaintiffs/Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned District Munsif, Ambattur, passed in I.A.No.196 of 2016 in O.S.No.111 of 1998 on 20.06.2016.

For Petitioner :

Mr.P.A.Chithramani For Respondents :

Mr.V.Ramesh for Mr.T.Thiyagarajan *****

O R D E R

This revision arises against the order of learned District Munsif, Ambattur, passed in I.A.No.196 of 2016 in O.S.No.111 of 1998 on 20.06.2016.

2. Respondents/plaintiffs moved O.S.No.111 of 1998 on the file of learned District Munsif, Ambattur, seeking permanent injunction. Petitioner/defendant moved I.A.No.196 of 2016 seeking issuance of a summon to the Assistant Commissioner, Urban Land Tax (Urban Land Ceiling), Poonamallee, towards production of original records of the acquisition proceedings in respect of the suit property. Court below, under the impugned order, dismissed such application. There against, the present revision has been filed.

3. Heard learned counsel for petitioner and learned counsel for respondents.

4. In dismissing the application, the Court below has reasoned that no steps have been taken by petitioner/defendant towards obtaining certified copies of the documents from the concerned authority. Petitioner/defendant, without availing the remedy available under the Civil Rules of Practice, had

moved the application in a mechanical manner. Further, while the result of acquisition proceedings in respect of the suit property is already on record vide Exs.A4 and A6, no useful purpose would be served by summoning the Assistant Commissioner and requiring him to produce the very same records. This Court finds no error in the order under challenge.

The Civil Revision Petition is dismissed. No costs. Connected miscellaneous petition is closed.

10.08.2016 Index:yes/no Internet:yes gm/kkd To The District Munsif, Ambattur.

C.T.SELVAM, J

gm/kkd Civil Revision Petition (PD) No.2385 of 2016 10.08.2016