Parasakthi v. Muthusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/09/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and CMP(MD)No.14543 of 2025 Parasakthi ... Petitioner Vs 1.Muthusamy 2.The District Collector, District Collectorate Office, Sivagangai Town, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 28.07.2025 made in I.A.No.4 of 2025 in O.S.No.39 of 2023 on the file of the District Munsif Court, Manamadurai, Sivagangai and allow the Civil Revision Petition. For Petitioner : Mr.A.R.Kannappan 1/4

ORDER

This Civil Revision Petition is filed challenging the order made in the I.A.No.4 of 2025 where the Court below had ordered the amendment as sought for.

2.The case of the petitioner is that the entire suit land is a Government Poromboke land and that the suit itself is not maintainable. He would further submit that by the amendment, the respondent sought to delete a portion of the land, which has been accepted by the trial Court. He would vehemently contend that the trial Court had mechanically allowed the amendment application without properly appreciating the objections raised by the petitioner. Therefore, he seeks interference of this Court.

3. I have considered the submissions made by the learned counsel for the petitioner. An amendment has been sought for by the respondent herein / plaintiff to delete a portion of the suit schedule property in respect of the order passed by this Court in W.P(MD)No.24950 of 2023 2/4

dated 16.10.2023, wherein this Court had directed actions to be initiated against the encroachment in the suit schedule property which is a road. The petitioner being defendant who opposes the relief of the plaintiff, over the entire extent of land, a portion of the land is a Government Poromboke land, cannot be said to be prejudiced, while the first respondent himself, admits that portion of the land belongs to the Government.

4. Hence, this Court finds no merit in the Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed with a liberty to the learned Principal District Munsif Court, Manamadurai, to dispose of the suit within a period of six months from the date of receipt of a copy of this order. The petitioner is at liberty to avail remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition stands closed.

03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

K.KUMARESH BABU, J.

pnn To 1.The District Munsif Court, Manamadurai, Sivagangai. 2.The District Collector, District Collectorate Office, Sivagangai Town, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

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

ORDER

IN and CMP(MD)No.14543 of 2025 Date : 03/09/2025 4/4