Ramanujam (Died) 1. R.Kasthuri v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24/06/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1722 of 2025 and CMP(MD) No.9346 of 2025 Ramanujam (Died) 1.R.Kasthuri 2.Rajasivakumar 3.Sangeetha 4.Lenin ... Petitioners/ Plaintiffs 1 to 5 Vs 1.The State of Tamilnadu Rep. by District Collector, Collector Office, Trichy.

2.The Special Tahsildar, (Adhi Dravidar Welfare) Collector Office Trichy 3.Sheeladevi 4.Ganesan ... Respondents 1/6

PRAYER :-Civil Revision Petition filed under Article 227 of The Constitution of India against the order passed in IA No.03/2024 in OS No.1690/2009 on the file of the Principal District Munsif, Tiruchirappalli dated 11.03.2025.

For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.P.T.Thiraviam Government Advocate for R1&R2

ORDER

This Civil Revision Petition has been filed against the order dated 11.03.2025 passed in IA No.03/2024 in OS No.1690/2009 on the file of the Principal District Munsif, Tiruchirappalli.

2. Since no adverse orders are going to be passed against the respondents 3 and 4, notice to the respondents 3 and 4 is dispensed with.

3. The petitioners are the plaintiffs 1 to 5 and they instituted the suit in OS No.1690/2009 for permanent injunction against the State. The suit was decreed exparte. Subsequently the private respondents/defendants were impleaded in the suit and the petitioners came to know that the defendants 1 and 2 are instigating third parties to interfere with the peaceful possession of the petitioners. Hence, the 2/6

petitioners filed an interlocutory application under Order XXVI Rule 9 of the Code of Civil Procedure for appointment of Advocate Commissioner to take measurements with the assistance of the qualified Surveyor and to file a report. The said petition came to be dismissed. Challenging the same, the petitioner is before this Court with this petition.

4. When the Civil Revision Petition was taken up, the learned counsel for the petitioners, on instructions, would submit that the petitioners restricted their prayer to the effect that it would suffice if a direction is issued by this Court to the revenue officials to depute a qualified Surveyor to measure the property and file a report before the Court below.

5. The learned Government Advocate appearing for the respondents 1 and 2 has no serious objection for the relief that has now been sought for.

6. I have considered the rival submissions and perused the materials available on record.

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7. Considering the facts and circumstances of the case and considering the relief that has been sought for by the petitioners, the petitioners are directed to produce the title deeds with regard to the suit schedule property to the concerned jurisdictional Tahsildar. On receipt of the same, the concerned Tahsildar shall depute concerned Taluk Surveyor to measure the property. On the basis of the revenue records and title deeds, after making such measurement, a report shall be filed before the trial Court. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall cooperate with the revenue officials for measuring the property.

8. With the above direction, the Civil Revision Petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. 24.06.2025 NCC : Yes/No Index : Yes/No RR 4/6

TO 1.The Principal District Munsif, Tiruchirappalli 2.The District Collector, Collector Office, Trichy.

3.The Special Tahsildar, (Adhi Dravidar Welfare) Collector Office Trichy 4.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1722 of 2025 Date : 24/06/2025 6/6