Pudukkottai District v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR and C.M.P. (MD). No.5018 of 2024 Pudukkottai District, Thirumayam Taluk, Pillaiyarkovil, situated at Pilivalam Village, Mandagapadi Building Construction, Chathiram, Chathiram Oorani, under the Private Management Trust, Represented by A.Muthu ... Petitioner -vs1.The Executive Officer,

2. The Commissioner, Panchayat Union,

3. The District Collector, District Collector Office, Pudukottai.

4. The Executive Officer, 1/6

... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 13.03.2024 made in I.A.No. 95 of 2024 in O.S.No. 511 of 2023 on the file of the Sub Court, Thirumayam and allow this Civil Revision Petition.

For Petitioner : Mr. D.Ramesh Kumar For R-1 to R-4 : Mr.F.Deepak, Special Government Pleader

O R D E R

This Civil Revision Petition under Article 227 of the Constitution of India has been filed seeking to set aside the fair and decreetal order dated 13.03.2024 made in I.A.No.95 of 2024 in O.S.No. 511 of 2023 on the file of the Sub Court, Thirumayam (hereinafter referred to as the 'Trial Court' for short). 2.

The parties are hereinafter referred to as by the description in the suit in O.S.No.511 of 2023 before the Trial Court for the sake of clarity and convenience.

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3.

Heard Mr.D.Rameshkumar, Learned Counsel for the Plaintiff, Mr.F.Deepak, Learned Special Government Pleader for the Defendants and perused the materials placed on record, apart from the pleadings of the parties. 4.

Learned Counsel appearing for the Plaintiff would submit that the Plaintiff, who has adduced the evidence is 80 years old and now, he is bed ridden and as such, he finds difficulty to travel. 5.

Having regard to the aforesaid submissions made, this Court without expressing any views on merits of controversy involved in this matter, passes the following order:- (i) it shall be incumbent upon the Trial Court to take up the said case in O.S. No. 511 of 2023 as expeditiously as possible and after conducting enquiry following the prescribed procedure and affording opportunity of hearing to all parties concerned, reasoned order shall be passed on merits and in accordance with law;

(ii) if necessary, taking into account the limited availability of time, the Trial Court may appoint Advocate Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908, to record the 3/6

examination of the witness, which may be fully videographed and the entire expenses incurred for such commission be borne by the Plaintiff. In the result, the Civil Revision Petition is disposed on the aforesaid terms. Consequently, connected miscellaneous petition is closed. No costs. 21.01.2026 Index : Yes/No Internet : Yes/No Ncc : Yes/No Indu To

1. The Sub Court, Thirumayam.

2. The Executive Officer,

3. The Commissioner, Panchayat Union,

4. The District Collector, District Collector Office, Pudukottai.

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5. The Executive Officer,

6. Pudukkottai District, Thirumayam Taluk, Pillaiyarkovil, situated at Pilivalam Village, Mandagapadi Building Construction, Chathiram, Chathiram Oorani, under the Private Management Trust, Represented by A.Muthu S/o. Arunachalam Chettiar, Ramanachandrapuram Village, Panagudi Circle, Thirumayam Taluk, Pudukkottai District., Represented by its Power Agent, S.S.Moorthi.

7. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

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