Maheswari v. Govindarajan

CRP NO. 3539 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-02-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR CRP NO. 3539 of 2023 and C.M.P.No.22144 of 2023 Maheswari .... Petitioner(s) Vs 1.Govindarajan 2.Vijayakumar 3.State of Tamilnadu rep.

By the District Collector, Collector Office Complex, Namakkal, Namakkal District.

4. The Tahsildar Taluk Office, Rasipuram Taluk, Namakkal District.

5. The Village Administrative Officer Minnakkal Village, Rasipuram Taluk, Namakkal District. ....Respondents Prayer: Civil Revision Petition filed under 227 Constitution of India, praying to set aside the order and decreetal order dated 21.06.2023 made in I.A.No.1 of 2021 in O.S.No.69 of 2020

on the file of the learned District Munsif Court, Rasipuram. For Petitioner(s):

Mr. N. Manoharan For Respondent(s):

Mr.M.Vijay, For R1 &R 2 M/s. R.Anitha, Spl. Govt. Pleader For R4 & R5

ORDER

The present Revision Petition has been filed by the petitioner/appellant in the suit in O.S.No.61 of 2020.

2. The contention of the learned counsel for the petitioner is that the 4th and 5th respondents have taken out an application to show from the Revenue records that the property in the suit is classified as water body. The classification of the land with regard to the water body or the poromboke land has to be ascertained only after adducing evidence from the official respondents.

3. In support of his contention, learned counsel relied upon the judgment in the case of P.Ashoka v. Nehru Edwin and others reported in 2005-4-LW.309, wherein paragraph 15 of the order is reproduced hereunder - "15.In AIR 1968 Madras 142 - Krishnamachari v. Dhanalakshni, it was held that to add any person as defendant in the suit, it is essential that he should have a legal and tangible interest in the

subject matter of the dispute."

4. From the records, it is seen that the trial has not been commenced in the suit. The classification of nature of land has to be determined only based on the Revenue records. In the interest of justice, the official respondents are to be examined before the Trial Court.

5. In view of the above, nothing survives in the Civil Revision Petition. Hence, the present Civil Revision Petition is disposed of with a direction to the Trial Court to complete the trial as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

14-02-2025 msv To

1. The District Collector, State of Tamil Nadu Collector Office Complex, Namakkal, Namakkal District.

2. The Tahsildar Taluk Office, Rasipuram Taluk, Namakkal District.

3. The Village Administrative Officer Minnakkal Village, Rasipuram Taluk, Namakkal District.

N.SENTHILKUMAR,J.

Msv CRP NO. 3539 of 2023 and C.M.P.No.22144 of

14-02-2025