The High Court allowed the Civil Revision Petition filed under Article 226 of the Constitution of India against an order allowing the impleadment of the first respondent in a suit for bare injunction. The impleadment order was set aside.
The order dated 14.08.2018 allowing the impleadment of the first respondent is set aside. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(PD) No.4155 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.4155 of 2018
and C.M.P.No.22906 of 2018
A.Elangovan ... Petitioner
Vs
1.Karuppanna Gounder
2.The Assistant Executive Engineer,
Highways Department Office,
Highways Department,
Rasipuram.
3.The Tahsildar,
Taluk Office,
Rasipuram Town & Taluk,
Namakkal District.
4.The Revenue Inspector,
Revenue Inspector Office,
Vennandur Post,
Rasipuram Taluk,
Namakkal District.
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C.R.P.(PD) No.4155 of 2018
5.The Village Administrative Officer, Village Administrative Office, Thengalpalayam Village, Rasipuram Taluk, Namakkal District.
... Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution
of India, against the fair and decreetal order dated 14.08.2018 made in
I.A.No.37 of 2018 in O.S.No.110 of 2017 on the file of the District Munsif
Court, Rasipuram.
For Petitioner : Mr.N.Manoharan
For Respondents : Mr.W.Camyles Gandhi for R1
Dr.S.Suriya, GA (CS) for R2 to R5
**********
O R D E R
This Civil Revision Petition is filed against the fair and decreetal
order dated 14.08.2018 made in I.A.No.37 of 2018 in O.S.No.110 of 2017
on the file of the District Munsif Court, Rasipuram, thereby allowing the application to implead the first respondent herein as a party to the suit. 2/6
C.R.P.(PD) No.4155 of 2018
is the proposed party and the respondents 2 to 5 are the defendants 1 to 4 in the said suit. The petitioner herein filed the said suit for bare injunction in
respect of the suit property comprised in Patta No.786 Survey No.5/4, in which Plot No.145 ad measuring 1122 sq.ft.
application to implead himself as a party to the said suit, for the reason that the petitioner herein purchased the Plot No.144, that at the Southern side of
the said plot Survey Number 17/1 is situated and that the said Survey Number is classified in the Revenue Records as village road. Suppressing
the same, the petitioner herein filed the said suit.
However, the first respondent alleged that the petitioner herein encroached the public road in Survey No.17/1 and that the first respondent herein is taking steps to remove the encroachment through the concerned authorities.
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C.R.P.(PD) No.4155 of 2018
Highways, the respondents 2 to 5 herein are the concerned authorities to
take appropriate action against the petitioner herein. Therefore, the first respondent herein is not necessary party to decide the suit.
Court, Rasipuram is set aside. However, it is made clear that the respondents 2 to 5 are at liberty to take appropriate action as against the petitioner herein, if he encroached the public road comprised in Survey No.17/1 even pending the suit.
to costs. Consequently, the connected miscellaneous petition is closed.
20.07.2021
Internet:Yes Index:Yes/No Speaking/Non speaking order rna
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C.R.P.(PD) No.4155 of 2018
To
1.The District Munsif Court, Rasipuram. 2.The Assistant Executive Engineer, Highways Department Office, Highways Department, Rasipuram. 3.The Tahsildar, Taluk Office, Rasipuram Town & Taluk, Namakkal District. 4.The Revenue Inspector, Revenue Inspector Office, Vennandur Post, Rasipuram Taluk, Namakkal District.
5.The Village Administrative Officer, Village Administrative Office, Thengalpalayam Village, Rasipuram Taluk, Namakkal District.
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C.R.P.(PD) No.4155 of 2018
G.K.ILANTHIRAIYAN. J,
rna
C.R.P.(PD) No.4155 of 2018
and C.M.P.No.22906 of 2018
20.07.2021
6/6
2 issues framed by the court
Whether the District Munsif Court was justified in impleading the first respondent as a party to the suit regarding a public road encroachment issue.
Whether the Minister of Law and Justice authorised the petitioner to file a Civil Revision Petition against the fair and decreetal order dated 14.08.2018 made in I.A.No.37 of 2018 in O.S.No.110 of 201
A.Elangovan
Karuppanna Gounder
The Assistant Executive Engineer, Highways Department Office, Rasipuram
The Tahsildar, Rasipuram Town & Taluk, Namakkal District
The Revenue Inspector, Vennandur Post, Rasipuram Taluk, Namakkal District
The Village Administrative Officer, Thengalpalayam Village, Rasipuram Taluk, Namakkal District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
