Revision petition against trial court's dismissal of an application to appoint an Advocate Commissioner to verify Karuvelam trees standing in the suit property. The Additional Government Pleader admitted the trees were present, so no Commissioner was necessary; the revision petition was dismissed.
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CRP(MD).No. 293 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2024
CORAM :
THE HON'BLE MR JUSTICE G.ILANGOVAN
CRP(MD).No.293 of 2024 and CMP(MD).No.1337 of 2024
1.Samayamuthu ... Petitioners 2.Karuppasamy
Vs.
1.State of Tamil Nadu Rep. by the District Collector, Sivagangai District, Sivagangai.
2.The District Backward Class Welfare officer, District Backward Class Cum Most Backward Class Welfare Department, Sivagangai District, Sivagangai.
3.The Sub Registrar, Thiruppuvnam Sub-Registration Office, Thiruppuvaram Taluk, Sivagangai District. ... Respondents
PRAYER:- Petition filed under Article 227 of the Constitution of India against the order and Decree dated 04.01.2024 made in I.A.No.8 of 2023 in O.S.No.4 of 2020 on the file of the District Munsif Cum Judicial Magistrate, Thiruppuvanam, Sivagangai District.
CRP(MD).No. 293 of 2024
For Petitioners : Mr.G.Gomathi Sankar For respondent : Mr.J.Ashok Additional Government Pleader
O R D E R
This Civil Revision Petition has been filed against the fair and deccreetal order, Decree dated 04.01.2024 made in I.A.No.8 of 2023 in O.S.No.4 of 2020 on the file of the District Munsif Cum Judicial Magistrate, Thiruppuvanam, Sivagangai District.
CRP(MD).No. 293 of 2024
the respondents would submit that now, the patta is issued in favour of more than 40 persons in that village and the suit property lies vacant Karuvelam tress are standing in that place.
Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp
CRP(MD).No. 293 of 2024
To
The District Munsif Cum Judicial Magistrate, Thiruppuvanam, Sivagangai District.
CRP(MD).No. 293 of 2024
G.ILANGOVAN,J.
Trp
CRP(MD).No.293 of 2024 and CMP(MD).No.1337 of 2024
13.03.2024
1 issue framed by the court
Whether the trial court rightly refused to appoint an Advocate Commissioner to record the presence of Karuvelam trees on the disputed property.
Samayamuthu
Karuppasamy
State of Tamil Nadu Rep. by the District Collector, Sivagangai District, Sivagangai
The District Backward Class Welfare officer, District Backward Class Cum Most Backward Class Welfare Department, Sivagangai District, Sivagangai
The Sub Registrar, Thiruppuvnam Sub-Registration Office, Thiruppuvaram Taluk, Sivagangai District
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
