Madras High CourtCRP(MD)/2492/2025disposed of

Baskaran v. Ragothaman Chettiyar

2025-09-11Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P(MD)No.14921 of 2025 Baskaran ... Petitioner/2nd Petitioner/ 2nd Plaintiff Vs.

1.Ragothaman Chettiyar 2.Veerappan

...Respondents 1 & 2/

Respondents 1 & 2/ Defendants 3.Lakshmi ...3rd Respondent/1st Petitioner 1st Plaintiff 4.Jayamani ...4th Respondent/3rd Petitioner 3rd Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order in I.A.No.309 of 2025 in O.S.No.52 of 2008 on the file of the District Munsif Court, Thiruvaiyaru dated 19.07.2025.

For Petitioner : Mr.S.A.Ajmal Khan 1/4

ORDER

This civil revision petition has been filed only against the nomination of the Head Surveyor/Inspector of Survey at Thiruvaiyuru.

2. It is submitted that there is no such post of Head Surveyor/Inspector of Survey, at Thiruvaiyuru and the said post is only available at Thanjavur. Even in the petition, the petitioner has only sought the assistance of District Surveyor, whose office is at Thanjavur. The present civil revision petition has been made only to that extent.

3. A perusal of the impugned order also indicates that the respondents/defendants had made an endorsement no counter and based on that, the order of appointing an Advocate Commissioner to note down the physical features of the property with the help of Head Surveyor/Inspector of Survey, Thiruvaiyaru, was passed. Hence, the notice to the respondents shall stand dispensed with.

4. Considering the fact that the petitioner had filed an application for an appointment of Advocate Commissioner to measure the property with the help of District Surveyor, who is only available at Thanjavur, 2/4

instead of Head Surveyor/Inspector of Survey, Thiruvaiyur, the learned Advocate Commissioner shall take assistance of the Head Surveyor, Thanjavur and proceed to submit a report as directed.

5. In view of the aforesaid direction, the civil revision petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The District Munsif Court, Thiruvaiyaru.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU ,J.

SN 11.09.2025 4/4