P.Rajamanickam v. Mrs.V.Soundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 17.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Rev.Appln.No.234 of 2024
1. P.Rajamanickam
2. R.Natarajan ... Review petitioners Vs.
1.Mrs.V.Soundaram
2. The Tahsildar, Thalaivasal Taluk, Salem District.
3. The Inspector of Police, Veeraganur Police Station, Thalaivasal Taluk, Salem District.
... Respondents Prayer: Review Application filed under Order XLVII Rule 1 r/w Section 114 of CPC to review the order passed by this court in W.P.No.24804 of 2024, dated 29.08.2024.
For Review petitioner : Mr.S.Kaithamalai Kumaran For Respondents : Mr.T.Velu for first respondent
ORDER
The Review Application has been filed seeking to review the order passed by this court dated 29.08.2024 in W.P.No.24804 of 2024.
2. The first respondent herein filed the above said writ petition seeking direction to the second respondent herein to survey the agriculture lands in patta No.1549 comprised in survey Nos.17/2A1 and 2A2, situated at Navalur Village, Thalaivasal Taluk, Salem District by considering her online application dated 14.04.2024.
3. This court, without going into the merits of the claim made by the writ petitioner/first respondent herein, directed the second respondent herein to consider the online application of the writ petitioner seeking survey of the land and pass final orders, within a period of six weeks from the date of receipt of copy of the order.
4. It is the case of the review petitioners that taking advantage of the order passed by this court, the first respondent/writ petitioner forcefully damaged the cart track in survey No.17/2A1 and hence, they
filed the instant review application, seeking review of the order passed by this court.
5. The first respondent/ writ petitioner filed counter affidavit stating that pursuant to the order passed by this court, the second respondent herein/ Tahsildar surveyed the subject property and fixed survey stones. It is also stated by her that the review petitioners herein filed a suit in O.S.No.211 of 2024 on the file of Principal District Munsif, Attur seeking declaration of title against the respondent herein in respect of the suit property along with an application for appointment of advocate commissioner.
6. In view of the fact that the petitioners already filed a suit seeking declaration of title and permanent injunction, it is for the review petitioners to work out their remedy before the civil court, in accordance with law.
7. The learned counsel for the review petitioners submits that the petitioners filed I.A.No.2/2024, seeking interim injunction and the same is being adjourned from time to time, without any progress.
8. Considering the facts and circumstances of the case, the learned Principal District Munsif, Attur is directed to dispose of I.A.No.2 of 2024 as expeditiously as possible.
9. With the above direction, this review application is disposed of. There shall be no order as to costs. 17.03.2025 Index :Yes/No Speaking order : Yes/No : Yes/No mst To The Principal District Munsif, Attur.
S.SOUNTHAR, J.
mst Rev.Appln.No.234 of 2024 17.03.2025