S.Ramalingam Alias Sippoy Ramalingam v. Ambika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 3997 of 2025 and CMP.No.20799 of 2025 S.Ramalingam @ Sippoy Ramalingam Petitioner Vs

1. Ambika 2.The Executive Engineer Tamil Nadu Nagarpura Vazvida Membattu Variyum, Vellore Zone, Having office Situated at No.22, 9th Street, Gopalapuram, Vellore - 632 009.

3.The District Collector District Collectorate Office, Sathuvachary, Vellore - 632 009.

Respondents Prayer : Civil Revision Petition filed Article 227 of Constitution of India, praying to call for the entire records in pursuant to the fair and decreetal order passed in IA.No.1 of 2025 in OS.No.167 of 2024, on the file of the Spl.Subordinate Judge, Vellore, Vellore District. For Petitioner(s):

Mr.S.Raja Ravi Varma

For Respondent(s):

M/s.M.R. Thangavel for R1 Mr.N.Muthuvel for R2 & R3 Government Advocate

ORDER

The Civil Revision petition is filed challenging the order passed by the trial court dismissing the application filed by the petitioner seeking amendment of the plaint.

2. The petitioner herein filed a suit seeking declaration that he is the absolute owner of the suit property. He also sought for another declaration that allotment order issued by the second defendant in favour of first defendant was null and void. The suit was posted for consideration of preliminary issues with regard to the maintainability of the first prayer in the light of the contentions. At this juncture, the present application has been filed by the petitioner seeking amendment of the plaint. Now, the petitioner wants to delete the original prayers in the suit and wants to include a new prayer or mandatory injunction directing the 2nd defendant to cancel the allotment order issued by 2nd defendant in favour of 1st defendant. He also wants to include a prayer for mandatory injunction

directing the 2nd defendant to issue allotment order in favour of plaintiff. The said amendment application was dismissed by the trial court. Aggrieved by the same, the petitioner has come before this court.

3. In the affidavit filed in support of the amendment application, the petitioner has not stated anything regarding the new mandatory injunction prayers sought to be included by way of amendment. In the affidavit, it was simply stated that the prayer 'A' regarding declaration of title was a wrong one, therefore, he wants to change the prayer. The petitioner has not stated any reason for inclusion of the new prayers and he has not given the nature of the new prayer also in the affidavit. In the absence of any convincing reason in the affidavit filed in support of the petition seeking amendment of the plaint, the trial court was justified in rejecting the amendment application. I do not find any error in the impugned order passed by the trial court. Accordingly, the civil revision petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

08-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes nr

To 1.The Special Subordinate Judge, Vellore, Vellore District.

2.The Executive Engineer Tamil Nadu Nagarpura Vazvida Membattu Variyum, Vellore Zone, Having office Situated at No.22, 9th Street, Gopalapuram, Vellore - 632 009.

3.The District Collector District Collectorate Office, Sathuvachary, Vellore - 632 009.

S.SOUNTHAR J.

nr and CMP.No.20799 of 2025 08-01-2026