Dismissed

The District Collector v. Indian Christian Mission Centre

Madras HC10 Apr 2023CRP/3531/2019

Case brief

AI extract

What is this about?

This revision petition challenged the trial court's appointment of an Advocate Commissioner. The High Court refused to interfere, advising the lower court to ensure an alternative access exists for the defendant before constructing a wall.

What did the court decide?

The civil revision petition was dismissed; costs of the plaintiff were not awarded; the connected civil miscellaneous petition was closed.

The District Collector Vs Indian Christian… — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P. No.3531 of 2019 & C.M.P. No.23159 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.04.2023

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CORAM: JUSTICE N.SESHASAYEE

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C.R.P. No.3531 of 2019 & C.M.P. No.23159 of 2019

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1.The District Collector Collectorate, Salem

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2.The Block Development Officer Ayothiyapattinam 3.The Tahsildar Salem East Salem

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... Petitioners

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Vs.

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Indian Christian Mission Centre Rep. by its Chairman Rev. Dr.S.Jayaraj Krishnan S/o.Late Subramaniam D. No.289/55/1B Vasanthapuram, Chinnathirupathy Salem ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the impugned order dated 23.10.2019 in I.A. No.4 of 2019 in O.S. No.427 of 2019 on the file of Principal District Munsif, Salem.

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https://www.mhc.tn.gov.in/judis __________

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Page 1 of 4

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C.R.P. No.3531 of 2019 & C.M.P. No.23159 of 2019

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For Petitioners : Mr.C.Jayaprakash, Govt. Advocate For Respondent : Mr.Manoharan Sundaram

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O R D E R

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In a suit for bare injunction seeking to restrain the Government and its authorities from putting up any construction blocking a part of the pathway of road, the plaintiff moved the trial court with an application in I.A. No.4 of 2019 for appointing a Commissioner.

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The trial court appointed an Advocate Commissioner for local inspection and this is now challenged by the Government.

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Heard the learned Government Advocate for the revision petitioners/defendants.

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Learned Government Advocate submitted that a written statement has been

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laid in the suit, wherein it has been contended by the defendants that they are running a primary school, that it is not well guarded and hence efforts are taken by the Government to put up a compound wall to protect the school children.

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But this is resisted by the plaintiff, which is a minority institution and would

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https://www.mhc.tn.gov.in/judis __________

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Page 2 of 4

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C.R.P. No.3531 of 2019 & C.M.P. No.23159 of 2019

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submit that they have a property adjacent to the school property and they have access to their property only through the school.

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Prima facie, the contention of the plaintiff looks amusing that they have access to their property only through the primary school. Having stated thus, this court does not want to interfere with the procedural order of the trial court. In particular, the trial court needs to ensure, if there is an alternative access available to the defendant.

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Accordingly, this civil revision petition is dismissed. No costs. Consequently,

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the connected civil miscellaneous petition is closed.

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10.04.2023

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Asr

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To The Principal District Munsif, Salem

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https://www.mhc.tn.gov.in/judis __________

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_________ Page 3 of 4_

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C.R.P. No.3531 of 2019 & C.M.P. No.23159 of 2019

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N.SESHASAYEE, J.,

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Asr

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C.R.P. No.3531 of 2019 & C.M.P. No.23159 of 2019

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10.04.2023

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https://www.mhc.tn.gov.in/judis _________ Page 4 of 4_

The District Collector v. Indian Christian Mission Centre

Case brief

What is this about?

What did the court decide?

The District Collector v. Indian Christian Mission Centre

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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