Boominathan v. Pachaimuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.1125 of 2025 and C.M.P(MD)No.6058 of 2025 Boominathan

...Petitioner/Impleading Defendant No.7

Vs 1.Pachaimuthu 2.Duraiyarasan 3.Rajammal 4.Subramanian

...Respondents/1st to 4th Respondents/Plaintiffs

5.Manjula 6.State through rep by its District Collector, O/o.Collectorate, Pudhukkottai District.

7.Sub Collector, O/o.Sub Collector, Aranthangi.

8.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Aranthangi.

9.The Thasildar, Taluk Office, Aranthangi.

10.Pachamuthu Udaiyar

...Respondents/5th to 10th Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the Fair and Decreetal order passed in I.A.No.295 of 2022 in O.S.No.41 of 2021, dated 20-12-2022 on the file of the Learned District Munsif, Aranthangi, Pudhukkottai District, and set aside the same by allowing this Civil Revision Petition. For Petitioner : Mr.P.Veerapandi For Respondents : Mr.S.P.Maharajan Special Government Pleader for R6 to R9 * * * * *

ORDER

A third party to O.S.No.41 of 2021, on the file of the District Munsif Court, Aranthangi, has filed the present revision petition challenging the dismissal of his application to get himself impleaded in the suit. 2.A perusal of the plaint reveals that the plaintiffs have filed the above said suit for the relief of declaration of title, permanent injunction and mandatory injunction against the official authorities to cancel the assignment order in favour of the first defendant. When the suit was pending, the revision petitioner has filed I.A.No.295 of 2022, to get himself impleaded in the suit. This application has been dismissed by the trial Court on the ground that the revision petitioner do not have any personal interest in the suit schedule properties. Challenging the same, the present revision petition has been filed. 2/5

3.According to the learned Counsel appearing for the revision petitioner, the petitioner has been continuously giving representation to the authorities for the purpose of removing encroachment in the suit schedule property and to upgrade the High School into the Higher Secondary School. In such circumstances, he is an interested person in the suit schedule property. 4.I have considered the submissions made on either side and perused the materials available on record.

5.The respondents 1 to 4 herein as plaintiffs have filed the above said suit claiming title to the suit schedule property and challenging the order of assignment granted by the Government in favour of the first defendant. In such circumstances, it is clear that the present revision petitioner does not claim any right over the suit schedule property. Therefore, he is not entitled to get himself impleaded in the suit schedule property. The trial Court has rightly dismissed the said application.

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6.Therefore, there are no merits in the revision petition. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

09.04.2025 Internet:Yes/No Index:Yes/No RJR To 1.The learned District Munsif, Aranthangi, Pudhukkottai District.

2.The District Collector, O/o.Collectorate, Pudhukkottai District.

3.Sub Collector, O/o.Sub Collector, Aranthangi.

4.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Aranthangi.

5.The Thasildar, Taluk Office, Aranthangi.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR C.R.P.(PD)(MD)No.1125 of 2025 09.04.2025 5/5