A civil revision petition challenged an order dismissing an application to scrap a surveyor's report. The court held that trial courts can consider commissioner reports on merits and avoid repeated wasteful applications. The revision was dismissed as no interference was needed.
No costs
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C.R.P(MD)No368 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
C.R.P(MD)No. 368 of 2024 and
C.M.P(MD)No.1712 of 2024
P.Kumar
...Petitioner
Vs.
1.G.Aloysius
Madurai District. ....Respondents
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C.R.P(MD)No368 of 2024
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to pleased to call for the records of fair and decreetal order made in I.A.No.5 of 2023 in O.S.No.211 of 2020 on the file of the Principal District Munsif Court, Thirumangalam, dated 01.11.2023 and set aside the same.
For Petitioner : Mr. R.Kannan For R1 : Mr. A.L.Vijaydevaraj For R2 : No appearance For R3 and R4 : Mr.J.Ashok Additional Government Pleader
O R D E R
This Civil Revision Petition is filed to call for the
records of fair and decreetal order made in I.A.No.5 of 2023 in
O.S.No.211 of 2020 on the file of the Principal District Munsif
Court, Thirumangalam, dated 01.11.2023 and set aside the same.
respondent herein seeking the relief of permanent injunction and for
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mandatory injunction to remove the building on the Southern portion and for cost. The defendant entered appearance and at the time of the final stage, a petition was taken out by the revision petitioner to appoint a fresh commissioner by scrapping the earlier report, that came to be dismissed by the trial Court by order dated 01.11.2023, against which this revision has been preferred.
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reason, the commissioner engaged another Inspector of Survey is not known. The report of the surveyor dated 21.04.2023 was not taken into account by the Commissioner. So they suspect that the commissioner has not executed the work in a fair manner. That was resisted by the respondent by filing counter. After hearing the arguments, the trial Court dismissed the petition stating that unless the old report is struck off, another application will not lie.
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C.R.P(MD)No368 of 2024
making some complaint. The impugned petition was filed by the revision petitioner, to struck off the report. According to him, one after another, applications are filed. If it is allowed, then there will be no end to the litigation.
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C.R.P(MD)No368 of 2024
dismissed. No costs. Consequently, connected miscellaneous petition stands closed.
22.03.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
pnn
To
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C.R.P(MD)No368 of 2024
G. ILANGOVAN, J.
pnn
C.R.P(MD)No. 368 of 2024 and C.M.P(MD)No.1712 of 2024
22.03.2024
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3 issues framed by the court
Whether the trial court order dismissing the application to scrap the commissioner report requires interference in civil revision.
Whether repeated filing of applications to scrap commissioner reports should be discouraged to avoid infinite litigation.
Whether the grievance against the commissioner report should be addressed during the trial by the court on its own motion.
P. Kumar
G. Aloysius
The President of Village Panchayat, Thanakkankulam
The Block Development Officer, Thirupparankundram
The District Collector, Madurai
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
