C.K.Thangavel v. The Land Superintendent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-08-2025
CORAM
THE HONOURABLE MR JUSTICE P. VELMURUGAN and CMP No.20844 of 2025
1. C.K.Thangavel S/o. Chinnakaruppan, Periya Kodiveri Post, Gobichettipalayam Taluk, Erode District.
Petitioner(s) Vs
1. The Land Superintendent The Nilgiris Diosis Society, Periya Kodiveri Post, Gobichettipalayam Post, Erode District.
Soosaiappan (Died) 2.S. Raphael S/o. Soosaiappan, D.No.54, F2, Gandhi road, Anuppar Palayam Post, Tiruppur Dt.
Jayaraj (Died) 1/6
Respondent(s) PRAYER This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 10.07.2025 passed in MP No.25 of 2024 in EP No.23 of 2018 on the file of the learned Special Deputy Collector, Revenue Court, Tiruchirappalli.
For Petitioner(s):
Mr.J.Ranjithkumar For R1:
Mr.Maheswaran Prabakaran For M/s.Father Xavier Associates
ORDER
This Civil Revision Petition has been filed to set aside the order dated 10.07.2025 passed in M.P No.25 of 2024 in E.P No.23 of 2018 on the file of the learned Special Deputy Collector, Revenue Court, Tiruchirappalli.
2. Learned counsel for the petitioner submitted that the first respondentSociety herein filed a petition in P.T.No.610 of 2013 before the Special Deputy Collector, Revenue Court, Tiruchirappalli seeking eviction and handover the possession of the subject property. The learned Special Deputy Collector has passed an order dated 09.03.2018 directing the petitioner herein and the original tenant to evict from the subject property. Aggrieved over the said order, the 2/6
petitioner herein filed a revision in C.M.A No.6 of 2019 before the III Additional District Judge, Erode at Gobichettipalayam and the same was dismissed on 15.3.2023. Subsequently, the first respondent-Society had filed an Execution Petition in E.P.No.23 of 2018 in PT.No.610 of 2013 before the learned Special Deputy Collector, Revenue Court, Tiruchirappalli and the same was allowed on 22.06.2023. Thereafter, the first respondent-Society had filed a miscellaneous petition in M.P.No.25 of 2024 in E.P.No.23 of 2018 seeking to amend the village name and the said amendment petition was also allowed by the Special Deputy Collector, Revenue Court, Tiruchirappalli on 10.07.2025.
3. He further submitted that for the betterment of the cultivation, the petitioner had invested money on the banana plantation in the subject property. Hence, the petitioner seeks to set aside the impugned order dated 10.07.2025 and prays to allow this civil revision petition.
4. The learned counsel for the first respondent Society fairly submitted that pending revision, the first respondent had already taken over the possession of the subject property.
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5. Considering the submission made by the learned counsel on either side and also considering the facts and circumstances of the case and considering the fact that no stay was granted by this Court and further, the first respondent Society had already taken over the possession of the subject property, the relief sought for by the petitioner has become infructuous. Hence, this Civil Revision Petition is dismissed as infructuous.
No costs. Consequently, connected miscellaneous petition is closed. However, if the petitioner is cultivating banana trees or any other crop in the subject property, the respondent is directed to permit the petitioner to remove the same within a period of one week from the date of receipt of a copy of this order.
26-08-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6
To The Special Deputy Collector, Revenue Court, Tiruchirappalli 5/6
P.VELMURUGAN J.
mfa and CMP No.20844 of 2025 26-08-2025 6/6