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Nallathambi Vs Lakshmanan — Writ and Judicial Review | Madras HC (2026)

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Madras HC
2026
Nallathambi Vs LakshmananNallathambi v. Lakshmanan

Dismissed¶28

Nallathambi v. Lakshmanan

Madras HC2 Feb 2026CRP/673/2024

Case brief

AI extract

What is this about?

CRP No. 673 of 2024 / CMP.No.3400 of 2024; High Court of Judicature at Madras; S. Sounthar, J.; decided 02-02-2026; dismissed as infructuous; main suit OS No.159/2021 dismissed for default on 13.02.2024 per e-Court status; challenge to decree and fair order dated 31.10.2023 in IA No.391/2021 before Subordinate Judge, Attur, Salem District; Article 227 Constitution of India; liberty to revive if suit restored; no costs; parties: Nallathambi (petitioner, counsel C.Sivakumar) v. Lakshmanan S/o.Kaliyaperumal (counsel M/s.R.Poornima), District Collector Salem, Revenue Divisional Officer Attur, Tahsildar Attur, VAO Paithur (North) (govt. counsel N.Muthuvel), and Bakkiam.

What did the court decide?

Liberty to the petitioner to revive the civil revision petition in case the suit is restored to the file; no costs; connected miscellaneous petition (CMP.No.3400 of 2024) closed.

Why is it important?

Since the main suit was dismissed for default as early as 13.02.2024, the prayer sought for in the revision has become infructuous. ¶27

What the court decided

AI extract

Outcome

Liberty to the petitioner to revive the civil revision petition in case the suit is restored to the file; no costs; connected miscellaneous petition (CMP.No.3400 of 2024) closed.

Issue for consideration

Whether the civil revision petition seeking to set aside the decree and fair order dated 31.10.2023 in IA No.391/2021 in OS No.159/2021 remains actionable, given that the main suit was dismissed for default on 13.02.2024.

Court's answer

Since the main suit was dismissed for default as early as 13.02.2024, the prayer sought for in the revision has become infructuous.

Ratio / Principle

The civil revision petition stands dismissed as infructuous, with liberty to the petitioner to revive it in case the suit is restored to the file; no costs awarded and the connected miscellaneous petition (CMP.No.3400 of 2024) is closed.

Detailed headnote1 paragraphs

Madras High Court (S. Sounthar, J.) — CRP No. 673 of 2024 and CMP.No.3400 of 2024 (decided 02-02-2026): Civil Revision Petition under Article 227 of the Constitution of India by Nallathambi seeking to set aside the decree and fair order dated 31.10.2023 in IA No.391/2021 in OS No.159/2021 (Subordinate Judge, Attur, Salem District). On e-Court status produced by the respondents' counsel showing the main suit was dismissed for default as early as 13.02.2024, the Court held the prayer in the revision had become infructuous and dismissed the civil revision petition as infructuous, granting liberty to the petitioner to revive it if the suit is restored to the file; no costs; connected miscellaneous petition closed.

A

CRP No. 673 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR

CRP No. 673 of 2024 and CMP.No.3400 of 2024

Nallathambi

..Petitioner(s)

Vs

Lakshmanan

S/o.Kaliyaperumal, Thavalapatty Village,

Paithur Post, Attur Taluk, Salem-2

The District Collector Salem District,Salem

The Revenue Divisional Officer Revenue Divisional Office Attur Town and Taluk Salem District

The Tahsildar Taluk Office, Attur Town and Taluk, Salem District

The Village Administrative Officer Paithur (North) Office at Paithur Village and Post, Attur Taluk, Salem District

Bakkiam

..Respondent(s)

__________ Page1 of 4

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

CRP No. 673 of 2024

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the decree and fair order dated 31.10.2023 made in IA No.391/2021 in OS No.159/2021 passed by the Learned Subordinate Judge, Attur, Salem District

For Petitioner(s): C.Sivakumar For Respondent(s): M/s.R.Poornima for R1 Mr.N.Muthuvel for R2 to R5 Govt.Advocate

ORDER

The learned counsel for the respondents produced e-Court status.

A perusal of the same would indicate that the main suit was dismissed

for default as early as 13.02.2024. Therefore, the prayer sought for in the revision has become infructuous.

Accordingly, the civil revision petition stands dismissed as infructuous with liberty to the petitioner to revive the same in case the suit is restored to the file. No costs. Consequently, the connected miscellaneous petition is closed.

02-02-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nr

__________ Page2 of 4

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

CRP No. 673 of 2024

To

The District Collector, Salem, District Salem

The Revenue Divisional Officer Revenue Divisional Office, Attur Town and Taluk, Salem District

The Tahsildar Taluk Office, Attur Town and Taluk, Salem District

The Village Administrative Officer Paithur (North) Office at Paithur Village and Post, Attur Taluk, Salem District

The learned Subordinate Judge, Attur, Salem District.

__________ Page3 of 4

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

CRP No. 673 of 2024

S.SOUNTHAR, J.

NR

CRP No. 673 of 2024 and

CMP.No.3400 of 2024

02-02-2026

__________ Page4 of 4

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the civil revision petition seeking to set aside the decree and fair order dated 31.10.2023 in IA No.391/2021 in OS No.159/2021 remains actionable, given that the main suit was dismissed for default on 13.02.2024.medium confidence¶27
The court held
Since the main suit was dismissed for default as early as 13.02.2024, the prayer sought for in the revision has become infructuous.ratio¶27

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 227¶22

Procedural history

How this case reached the court

AI extract

Order under challenge
Decree and fair order dated 31.10.2023 made in IA No.391/2021 in OS No.159/2021, sought to be set aside via Civil Revision Petition filed under Article 227 of the Constitution of India¶22
Subordinate Judge, Attur, Salem District · 31.10.2023
Prior proceeding
Learned counsel for the respondents produced e-Court status showing that the main suit (OS No.159/2021) had been dismissed for default on 13.02.2024, rendering the prayer in the revision infructuous¶26-27

Parties & counsel

AI extract

petitioner
Nallathambi¶7
C.Sivakumar
respondent
Lakshmanan S/o.Kaliyaperumal¶10
M/s.R.Poornima
respondent
The District Collector Salem District¶13
N.Muthuvel
respondent
The Revenue Divisional Officer Revenue Divisional Office Attur Town and Taluk Salem District¶14
N.Muthuvel
respondent
The Tahsildar Taluk Office, Attur Town and Taluk, Salem District¶15
N.Muthuvel
respondent
The Village Administrative Officer Paithur (North) Office at Paithur Village and Post, Attur Taluk, Salem District¶16
N.Muthuvel
respondent
Bakkiam¶17

Coram

AI extract

S. Sountharauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 2 Feb 2026 · February
Registered: 12 Feb 2024
Case no.: CRP/673/2024
CNR: HCMA010228332024
Topic: Writ and Judicial Review
Bench: S. Sounthar
Disposal: DISMISSED AS INFRUCTUOUS
Case type: CRP

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Cite this judgement

Nallathambi v. Lakshmanan, CRP/673/2024 (MAD), decided on 2 February 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 227

View all statutes

Procedural history2

Decree and fair order dated 31.10.2023 made in IA No.391/2021 in OS No.159/2021, sought to be set aside via Civil Revision Petition filed under Article 227 of the Constitution of IndiaSubordinate Judge, Attur, Salem District · 31.10.2023
Learned counsel for the respondents produced e-Court status showing that the main suit (OS No.159/2021) had been dismissed for default on 13.02.2024, rendering the prayer in the revision infructuous

View full history

Bench / Coram

S. Sounthar

Parties & counsel